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Report To: Planning and Development Committee
Date of Meeting: February 12, 2024 Report Number: PDS-005-24
Submitted By:
Reviewed By:
File Number:
Report Subject:
Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Mary-Anne Dempster, CAO
COPA2023-0005 & ZBA2023-0017 Resolution#:
Proposed Official Plan and Zoning By-law Amendment for 446
residential units 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-005-24 and any related communication items, be received for
information only;
2.That Staff receive and consider comments from the public and Council with respect to
the Official Plan and Zoning By-law Amendment applications; and
3.That all interested parties listed in Report PDS-005-24 and any delegations be advised
of Council’s decision.
Municipality of Clarington Page 2
Report PDS-005-24
Report Overview
The Municipality is seeking the public’s input on application s for proposed Official Plan and
Zoning By-law Amendment submitted on behalf of Your Home Developments (Bowmanville)
Inc. to permit a total of 446 residential units, including 430 apartment dwelling units and 16
townhouse dwelling units. The proposal includ es two (2) apartment buildings, one (1) 10-
storeys and one (1) 12-storeys in height and two (2) blocks of townhouses that are 4-storeys
in height.
The conceptual site plan illustrates a right in, right out access from Bowmanville Avenue and
a secondary access to the signalized intersection of Bowmanville Avenue and Hartwell Drive
via the property to the south at 1505 Bowmanville Avenue. The majority of parking is proposed
in an underground parking area, with 11 surface visitor parking spaces. A centralized , at-
grade, common outdoor amenity area is also proposed.
The subject lands are located east of Bowmanville Avenue and west of Rhonda Park and are
within the boundaries of the proposed Bowmanville West Major Transit Station Area
Secondary Plan.
1. Application Details
Owner: Your Home Developments (Bowmanville) Inc.
Municipality of Clarington Page 3
Report PDS-005-24
Figure 1 – Location of Subject Lands
Municipality of Clarington Page 4
Report PDS-005-24
2. Background
2.1 On December 19th, 2023, GHD submitted applications for an Official Plan and Zoning By-
law Amendment to permit the development of 446 residential units consisting of 430
apartment dwelling units and 16 townhouse dwelling units (refer to Attachment 1). The
applications were deemed complete on January 8th, 2024.
2.2 The applicant has submitted the following studies in support of the applications which
have been circulated to departments and agencies for review. The studies are available
upon request and will be summarized in a future recommendation report.
Stage 2 Pre-consultation Comment Response Matrix;
Architectural Drawing Set (inclusive of site plan, floor plans, sect ion plans and
sun/shadow diagram);
Planning Rational Report;
Landscape Analysis;
Urban Design Brief;
Environmental Sustainability Plan;
Transportation Impact Study;
Functional Servicing and Stormwater Management Report;
Tree Inventory and Tree Preservation Plan;
Conceptual Landscape Plan;
Hydrogeological Investigation;
Geotechnical Investigation;
Environmental Impact Study;
Stage 1 & 2 Archaeological Assessment;
Site Screening Questionnaire; and,
Arborist Report.
Municipality of Clarington Page 5
Report PDS-005-24
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located on the east side of Bowmanville Avenue and directly west
of Rhonda Park in Bowmanville. The lands currently function as four (4) separate single
detached dwellings with associated driveways, accessory structures and build ings. The
eastern perimeter of the Subject Lands is heavily treed, and the subject lands feature a
significant slope towards Rhonda Park.
3.2 The surrounding uses are as follows:
North: Existing low density residential;
East: Rhonda Park featuring a baseball diamond and play structure, Rhonda
Boulevard beyond;
South: Existing 4-storey residential apartment building; and,
West: Bowmanville Avenue and commercial plaza beyond featuring a variety of
convenience commercial and service uses.
4. Provincial Policy
Provincial Policy Statement (PPS)
4.1 The PPS provides policy direction on land use planning and development for matters of
provincial interest. This includes the protection of provincial resources, public health and
safety, and the quality of the natural and built environment. These objective s are to be
achieved through efficient land use planning. Through land use designations and policies,
municipal official plans and secondary plans seek to implement the PPS.
4.2 The PPS focuses growth and development within urban and rural settlement areas.
Development within these areas must meet the full range of current and future needs of
the population by employing efficient development patterns and avoiding significant or
sensitive resources and areas which may pose a risk to public health and safety. Land
use patterns should promote a mix of housing, including affordable housing, employment,
recreation, parks and open spaces, and transportation choices that increase the use of
active transportation and transit before other modes of travel.
4.3 The proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan)
4.4 The Growth Plan provides guidance on where and how to grow within the Greater Golden
Horseshoe (GGH). This includes requiring Municipalities to maintain a three -year supply
of serviced land for residential development.
Municipality of Clarington Page 6
Report PDS-005-24
4.5 Building on the direction of the PPS, the Growth Plan supports the achievement of
complete communities, a thriving economy, a clean and healthy environment, and social
equity. These goals will be achieved by promoting access to transit and active
transportation and increasing the amount and variety of housing that is provided.
4.6 The Growth Plan recognizes transit as a first priority for major transportation investments.
It sets out a regional vision for transit and seeks to align transit with growth by directing
growth to major transit station areas and other strategic growth areas. The Growth Plan
directs that upper-tier municipalities, in consultation with lower-tier municipalities, will
delineate major transit station areas through their municipal comprehensive reviews. The
new Durham Region Official Plan (“Envision Durham”, adopted May 17th, 2023, and yet
to be approved by the Ministry of Municipal Affairs and Housing) delineates a Protected
Major Transit Station Area (PMTSA) which surrounds the proposed GO Station north -
west of the subject lands, and includes the subject lands within its boundary. The Growth
Plan directs that major transit station areas that are served by the GO Transit rail network
will be planned for a minimum density of 150 residents and jobs combined per hectare.
4.7 The subject lands are within the Bowmanville Built-Up Area as defined by the Growth
Plan. The proposed development will contribute to the intensification targets of the Growth
Plan.
4.8 The proposal is consistent with the Provincial Growth Plan.
5. Official Plans
Durham Region Official Plan (ROP)
5.1 Per Schedule ‘A’ - Map ‘A5’ of the ROP, the subject lands are designated "Living Areas”.
Each community within this designation shall be developed to incorporate the widest
possible variety of housing types, sizes, and tenure to provide living accommodations that
address various socioeconomic factors. Further, the ROP identifies a future “GO Station”
north-west of the subject lands.
5.2 Per Schedule ‘C’ - Map ‘C1’ of the ROP, the subject lands are adjacent to Bowmanville
Avenue (also known as Regional Road 57) which is identified as a “Type ‘A’ Arterial
Road”. Further, Schedule ‘C’ – Map ‘C3’ of the ROP identifies a future “Transportation
Hub” north-west of the subject lands.
Municipality of Clarington Page 7
Report PDS-005-24
5.3 The ROP policies for Local Corridors call for mixed-use areas, with appropriate densities
to support frequent transit service. Portions of Local Corridors with an underlying Living
Areas designation, which are identified as appropriate for mixed-use development, shall
support an overall, long-term density target of at least 30 residential units per gross
hectare and a floor space index of 2.0. The built form should be a wide variety of building
forms with mid-rise predominating, as detailed in area municipal official plans. The portion
of Bowmanville Avenue that is adjacent to the subject lands is identified as a “Local
Corridor” in the Municipality of Clarington Official Plan.
5.4 The subject lands are within the built-up area of the ROP. Until Envision Durham is
approved by the Ministry of Municipal Affairs and Housing and in effect, the annual
minimum intensification target contained in the ROP will continue to apply. Policy 7.3.9 of
the ROP directs that a minimum of 40% of all residential development across the Region
occur through intensification within built-up areas. Further, Schedule ‘E’ – Table ‘E9’
directs that the Municipality of Clarington allocate 6,181 units or 32% of the total
residential units to intensification.
5.5 The proposed development will contribute to the intensification targets of the ROP and
appears to be consistent with the ROP.
Clarington Official Plan (COP)
5.6 Per Map ‘A3’ of the COP, the subject lands are designated “Urban Residential”. The
Urban Residential designation is predominantly intended for housing purposes. A variety
of densities, tenure and housing types are encouraged, generally up to 3 storeys in height.
5.7 Per Map ‘B’ of the COP, Bowmanville Avenue (Regional Road 57) is identified as a “Loca l
Corridor”. Local Corridors shall provide for intensification, mixed -use development and
pedestrian and transit-supportive development. The development of Local Corridors aims
to improve the public realm and establish walkable, transit-supportive corridors through
high-quality streetscaping and built form. The minimum density is 40 units per net
residential hectare. The standard building height is 2-6 storeys. Low rise is 2-4 storeys,
mid-rise is 5-6 storeys. The building form can be mixed-use buildings, apartments and
townhouses.
5.8 The proposed height of the 10-storey and 12-storey apartment buildings is not in
conformity with the 6-storey height restriction of the “Local Corridor” designation, and
therefore, an Official Plan Amendment is required. A draft Official Plan Amendment
prepared by the applicant is included as Attachment 1. Further analysis will be completed
through subsequent processing of the application for Official Plan Amendment.
Municipality of Clarington Page 8
Report PDS-005-24
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands as “Urban Residential Type One (R1) Zone”.
A Zoning By-law Amendment is required to permit and regulate the proposed built form.
A draft zoning by-law prepared by the applicant is included as Attachment 2.
7. Public Notice and Submissions
7.1 Public Notice of this Statutory Public Meeting was mailed to each landowner within 120
metres of the subject lands, and a public meeting sign was installed on the subject lands
fronting Bowmanville Avenue.
7.2 As of writing this report, staff have not received comments from the public. Comments
received from the public at this Statutory Public Meeting will be considered and included
in the recommendation report.
8. Departmental and Agency Comments
8.1 The application was circulated to internal departments and external agencies for review
and comments. At the time of writing this report, no adverse comments had been received
related to the proposed Official Plan and Zoning By-law Amendments. A subsequent
comment letter coordinating all internal and external comments will be sent to the
applicant once they are received.
9. Discussion
Envision Durham – New Durham Region Official Plan
9.1 The subject lands are within a “Protected Major Transit Station Area” (PMTSA) as
delineated by ROPA 186 and further through Envision Durham. There are a number of
proposed policies for PMTSA’s within Envision Durham, however, these policies are not
in effect until Envision Durham has been approved by the Minister of Municipal Affairs
and Housing.
Bowmanville West Urban Centre and Major Transit Station (GO Train) Area Secondary
Plan Update
9.2 The Municipality is in the process of updating the existing Bowmanville West Urban
Centre Secondary Plan. Part of this update includes the expansion of the Secondary Plan
boundary to match the boundary of the PMTSA, therefore including the subject lands.
Municipality of Clarington Page 9
Report PDS-005-24
9.3 The draft Official Plan Amendment, inclusive of the Secondary Plan, was presented at a
Statutory Public Meeting on January 22 nd, 2024. The subject lands are proposed to be
designated “Residential Medium Density”, in which this designation permits low-rise
apartment buildings and limits the permitted height to 6 -storeys. The planned function of
this designation is to provide for development along the edges of the Secondary Plan that
will provide a transition in height from taller buildings in the plan area to the surrounding
lower density residential areas.
9.4 A Zoning By-law amendment to implement the entirety of the Bowmanville West Urban
Centre and Major Transit Station Area Secondary Plan was drafted and presented at the
statutory public meeting held on January 22nd, 2024. As presented, the draft
implementing zoning by-law zones the subject lands as the “Residential – Medium
Density (R-MD) Zone” with a holding symbol and height permissions ranging from 6 to 12
storeys. Staff has acknowledged and discussed the error with the applicant, as
unfortunately these height permissions are not aligned with the with the proposed
Secondary Plan designation.
9.5 As the intent of the accompanying zoning is to implement the Secondary Plan, staff will
address the height discrepancy as part of the recommendation report for the Secondary
Plan. Staff anticipate that the recommendation report will be presented to Council for
consideration prior to summer recess.
Municipality of Clarington Page 10
Report PDS-005-24
Figure 2 – Draft Land Use Map – Bowmanville West MTSA Secondary Plan
Sunlight and Shadow Compatibility
9.6 The COP contains infill development policies that need to be considered when reviewing
the application, such as lot size, transition and impacts to surrounding uses (specifically
refer to Section 5.4 of the COP). Careful attention and consideration of these policies will
contribute to the overall success of the project and assist in creating a development that
cohesively ties in with the surrounding neighbourhood.
9.7 The draft Bowmanville West Urban Centre and Major Transit Station Area Secondary
Plan includes draft sunlight and shadow policies that articulate the priorities of the COP,
Staff will consider these policies through the review of the submitted sun / shadow
diagram.
Municipality of Clarington Page 11
Report PDS-005-24
Other Considerations
9.8 Affordable units are encouraged to be provided within the proposal. The COP encourages
a minimum of 30% of all units within the Urban Areas to be affordable.
9.9 Ontario government recently passed legislation known as the GO Transit Station Funding
Act (Bill 131) that would allow municipalities to collect a transit station charge to pay for
costs related to the construction of a new GO transit station from new nearby
developments in exchange for reduced parking rates/expedited approval . As more details
on the GO Transit Station Funding Act are released, the Municipality will explore the use
of this tool.
9.10 The applications for Official Plan and Zoning By-law Amendments are required to permit
and regulate the proposed built form. Future applications for site plan approval and draft
plan of condominium will also be required.
9.11 Staff will continue to review the submitted applications for official plan and zoning by -law
amendments and will work with the applicant to address all technical matters. Agency
and public comments will be addressed in a subsequent recommendations report to
Committee and Council.
10. Financial Considerations
10.1 On April 14, 2022, Bill 109, the More Homes For Everyone Act, 2022, received Royal
Assent. Among other matters, Bill 109 amended the Planning Act to require municipalities
to refund Zoning By-law Amendment and Site Plan Approval application fees in a phased
approach if no decision is made or no approval is issued within the legislative timelines.
Zoning by-law amendment applications are required to have a decision made within 120
days if concurrent with an official plan amendment. These changes came into effect on
July 1, 2023, for new applications submitted after that date. Complete applications
COPA2023-0005 & ZBA2023-0017 were submitted on December 19th, 2023, the
following refunds will apply if a decision is not made by the prescribed date:
Decision Date Refund Required
April 17th, 2024 50%
June 16th, 2024 75%
August 15th, 2024 100%
Municipality of Clarington Page 12
Report PDS-005-24
11. Strategic Plan
11.1 The proposed development will be reviewed against the pillars of the Clarington Strategic
Plan 2024-27. Staff will give special attention to the priorities of growing resilient,
sustainable and complete communities and connecting residents through the design of
safe, diverse, inclusive and vibrant communities. An analysis of the proposed
developments interaction with the specific priorities of the Strategic Plan will be included
in the future recommendation report.
12. Concurrence
12.1 This report has been reviewed by the Deputy CAO, Finance and Technology/Treasurer,
who concurs with the recommendations.
13. Conclusion
13.1 The purpose of the Public Meeting report is to provide background information on the
proposed Official Plan and Zoning By-law Amendment applications to permit a total of
446 residential units for the Public Meeting under the Planning Act. Staff will continue
processing the applications including preparation of a subsequent recommendation
report.
Staff Contact: Lucy Pronk, Principal Planner, (905) 623-3379 x 2314 or lpronk@clarington.net
or Amanda Tapp, Manager, Development Review, (905) 623-3379 x 2427 or
atapp@clarington.net.
Attachments:
Attachment 1 – Architectural Materials
Attachment 2 – Draft Official Plan Amendment
Attachment 3 – Draft Zoning By-law Amendment
Attachment 4 – Schedule ‘A’ Draft Bowmanville West Zoning By-law
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to PDS-005-24
The Corporation of the Municipality of Clarington
Amendment Number XXX
To the Municipality of Clarington Official Plan
Purpose: To amend the Clarington Official Plan to permit an
apartment building(s) with a height of 12 storeys within a
Local Corridor land use designation.
Location: The amendment to the Official Plan applies to the
property at 1525 – 1585, Bowmanville Avenue, in
Bowmanville.
Basis: This amendment is based on applications by Your
Home Developments (Bowmanville) Inc. to permit 440
units, two apartment buildings and two townhouse
buildings, on lands on the east side of Bowmanville
Avenue, South of Aspen Springs Drive.
Actual Amendment: The Clarington Official Plan is hereby amended by adding
an exception to Section 23.19.xx “Residential Exceptions”
as follows:
ix.Notwithstanding Table 4-3 “Summary of
Urban Structure Typologies”, lands identified
by Roll Number xxxx shall, in addition to the
permitted uses within a local corridor, be
used for an apartment building(s) with a
maximum height of 12 storeys
Attachment to PDS-005-24
Implementation: The provisions set forth in the Municipality of Clarington
Official Plan regarding the implementation of the Plan,
shall apply in regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington
Official Plan regarding the interpretation of the Plan,
shall apply in regard to this Amendment.
Corporation of the Municipality of Clarington
By-law Number 2023-XXXX
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-2023-XXXX;
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.XX as follows:
“15.4.XX Urban Residential Type Four Exception XX (R4-XX) Zone
Notwithstanding Sections XXXX and XXXX, those lands zoned R4-XX on the Schedule A to this
By-law shall subject to the following:
a.Permitted Uses Apartment Building, link townhouse dwelling
b.Density (Maximum)340 units per net hectare
c.Yard Requirements
i)Front Yard 2.5 metres
ii)Interior Side Yard 6.0 metres for apartment building, 3.0 metres for
link townhouse dwelling
iii)Rear Yard 6.0 metres
d.Notwithstanding the above, the minimum yard setbacks to an underground parking structure
located below established grade shall be 0.0 metres
e.Notwithstanding the above, the minimum yard setbacks to an underground parking structure
projecting above grade but below finished ground floor elevation shall be 0.5 metres
f.Lot Coverage (Maximum)40 percent
g.Landscaped Open Space (Minimum) 20 percent
h.Building Height 12 storeys (41.0 metres) for apartment building,
4 storeys (13.0 metres) for link townhouse dwelling
Attachment to PDS-005-24
i. Parking (Minimum) 1.0 spaces per dwelling unit for residents, 0.2
spaces per dwelling unit for visitors
j. Street Façade Length (Minimum) 70% to Bowmanville Avenue
k. Buildings six storeys or taller shall setback all floors above the fourth storey that face a public
street (Minimum) 1.2 metres
2. Schedule 3 to By-law 84-63, as amended, is hereby further amended by changing the zone
designation from Residential 1 (R1) Zone to Urban Residential Type Four Exception XX (R4-XX)
Zone as illustrated on the attached Schedule ‘A’ hereto.
3. Schedule ‘A’ attached hereto shall form 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 ____________, 2023
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk
G:\662\12568476\Tech\Planning\Zoning\12568476-ZONING.dwgCad File No:10 February 2023 - 4:28 PMPlot Date:Holly Templeton-BelliPlotted by:
SCHEDULE A
TO BY-LAW NO. XX-23
MUNICIPALITY OF CLARINGTON
AMENDMENT TO SCHEDULE 3D
TO ZONING BY-LAW 84-63
LEGEND:
THIS IS SCHEDULE A
TO BY-LAW NO.XX-23
PASSED THIS XX DAY
OF XXXX, 2023
MAYOR:
CLERK:
SUBJECT LANDS
N
0 75m2550
SCALE 1:2500 AT ORIGINAL SIZE
Re-Zone from 'Residential' [R1] Zone' to: Urban Residential Type 4 Exception XX
[R4-XX] Zone
1525-1585 Bowmanville Avenue
Attachment 4 to PDS-005-24