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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: October 21, 2024 Report Number: PDS-045-24
Authored By: Sarah Parish
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO
File Number: COPA-2024-0004, ZBA-2024-00010 Resolution#:
Report Subject: Applications for a Clarington Official Plan Amendment and Zoning By-law
Amendment - Mearns and Concession Road 3
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-045-24 and any related communication items, be received for
information only;
2. That Staff receive and consider comments from the public, review agencies, and
Council with respect to the Clarington Official Plan Amendment and Zoning By-Law
Amendment applications submitted by Innovative Planning Solutions on behalf of
Eiram Development and continue processing the applications including the
preparation of a subsequent recommendations report; and
3. That all interested parties listed in Report PDS-045-24 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-045-24
Report Overview
The Municipality is seeking the public’s input on applications for a proposed Official Plan
Amendment and Zoning By-law Amendment to permit a 12-storey mixed use building and a
3-storey townhouse building consisting of 275 residential units at the southwest corner of
Mearns Avenue and Concession Road 3 in Bowmanville.
The proposed development will provide approximately 251 square metres of commercial
gross floor area located on the ground floor of the mixed-use building.
1. Background
1.1 The owner previously submitted a Zoning By-law Amendment application (ZBA 2017-
0020) on May 24, 2017, to permit a mixed-used development on the subject lands
proposing 69 residential units and 849 square metres of commercial space. The Zoning
By-law Amendment application was approved and passed by council on June 25, 2018,
which amended the Municipality of Clarington By-law 84-63 to create the “Urban
Residential Exception (R3-56) Zone”.
1.2 A Stage 1 Pre-Consultation meeting (PC2022-0041) was held on September 8, 2022,
with Clarington Staff, Region of Durham Staff and Central Lake Ontario Conserva tion
Authority (CLOCA) Staff to discuss an Official Plan Amendment and Zoning By-law
Amendment applications for the subject lands to permit a 12-storey mixed use
apartment building with 90 townhouse units.
1.3 A Stage 2 Pre-Consultation meeting (PC2023-0076) was held on November 27, 2024,
to further discuss the Official Plan Amendment and Zoning By-law Amendment
applications which reduced the total number of townhouse units from 90 units to 64
townhouse units.
1.4 On July 18, 2024, Innovative Planning Solutions, on behalf of Eiram Developments Ltd.
submitted applications for an Official Plan Amendment and Zoning By-law Amendment
to permit a 12-storey mixed-use building (212 residential units) as well as 3-storey
townhouse buildings (63 townhouse units) on the southwest corner of Mearns Avenue
and Concession Road 3 (see Figure 1). These applications were deemed complete by
Staff on August 12th, 2024.
Municipality of Clarington Page 3
Report PDS-045-24
Figure 1 – Proposed Conceptual Plan
1.5 The mixed-use building will contain approximately 251 square metres of commercial
gross floor area on the ground floor and the entrance will be from the southwest corner
of Concession Road 3 and Mearns Avenue.
1.6 The 10 townhouse blocks front onto an internal street network and two parking spaces
are provided for each townhouse unit – one in the garage and one on the driveway. A
total of 126 residential townhouse parking spaces and 17 surface level visitor parking
spaces including 5 barrier free parking spaces are also provided as part of the proposed
development.
Municipality of Clarington Page 4
Report PDS-045-24
1.7 Parking for the 12-storey mixed use building is provided above and below ground in the
underground parking garage. 35 visitor/commercial parking spaces are provided on the
surface, 5 of which are barrier free. 273 parking spaces are provided on Level P1 and
P2 of the underground parking garage, 24 of which are visitor parking on P1, 1 is barrier
free visitor parking on P1 and 248 are resident parking on P1 and P2.
1.8 The proposed development will feature a 130 square metre privately owned public
space neighbourhood centre/public square at the northeast corner of the subject lands
and serve as a focal point for the neighbourhood fronting Concession Road 3.
1.9 456 square metres of indoor amenity space is provided on the first floor of the mixed-
use building and 4,135 square metres of private amenity space is provided from the
public square (924 square metres), townhouse backyards, balconies and courtyard/dog
walk area.
1.10 Access to the site is proposed off Mearns Avenue and Concession Road 3 and
sidewalks are proposed along the internal road network.
2. Land Characteristics and Surrounding Uses
2.1 The subject lands are located on the south side of Concession Road 3 and west of
Mearns Avenue. There is minimal vegetation on the subject lands, but some boundary
trees are located along the south and west property lines while the remainder of the
lands contain grass and shrubs. The subject lands slope downwards approximately 7
metres from the west to the east across the site.
2.2 A 9.0-metre-wide easement in favour of the Region of Durham exists along the south
boundary of the subject lands to allow for sanitary service connection from the adjacent
residential homes to the west.
2.3 The surrounding uses are as follows:
North: Environmental Protection Area Lands (on the north side of Concession Road 3)
including agricultural lands further north. The agricultural lands further north are
planned to be developed as part of the Soper Springs Secondary Plan, which
proposes a mix of low to medium density residential developments.
East: Agricultural lands (on the east side of Mearns Avenue) as well as environmental
protection area lands further east.
South: Existing low density residential homes – primarily single detached houses with
townhouses, a school and park located to the southwest.
West: Existing low density residential homes – primarily single detached houses with
some semi-detached and townhouses further west.
Municipality of Clarington Page 5
Report PDS-045-24
3. Provincial Policy
Changing Legislation
3.1 Upon the 2024 PPS coming into force on October 20, 2024, the 2020 PPS and the
Growth Plan will be repealed and all land use planning decisions made as of October
20, 2024, will need to be consistent with the 2024 PPS, a singular land use policy
document for planning authorities to consult. At the time of a recommendation report to
Council for the proposed development the appropriate Provincial policies will be
reviewed.
The Provincial Policy Statement
3.2 The PPS encourages planning authorities to create healthy, livable, and safe
communities by accommodating an appropriate range and mix of housing types,
including affordable housing, and shall promote development patterns that efficiently use
land and infrastructure.
3.3 The PPS policies direct growth to settlement areas and promote compact development
forms. The subject lands are proposed within the Bowmanville Urban Area. Planning
authorities are to facilitate a variety of housing forms and promote residential
intensification to achieve efficient development patterns, especially along public transit
and active transportation routes.
4. Official Plan
Durham Region Official Plan
4.1 Envision Durham provides a long-term policy framework that is used to manage
Durham’s growth and development. The intent of Envision Durham is to manage
resources, direct growth and establish a basis for providing regional services in an
efficient and effective manner.
4.2 The subject lands are designated “Community Areas” in Envision Durham and is
adjacent to the “Delineated Built Boundary”.
4.3 Housing policies of Envision Durham ensure that an adequate supply of housing units
and land are available to accommodate growth in Durham and that a range and mix of
housing options are provided, including affordable housing.
4.4 Community Areas are intended to develop as complete communities and offer a range
and mix of uses to current and future residents to live, shop, work, socialize and access
services and amenities. Community Areas are comprised of housing, retail, offices,
schools, parks, libraries and community services and facilities.
Municipality of Clarington Page 6
Report PDS-045-24
Municipality of Clarington Official Plan
4.5 The Clarington Official Plan designates the subject lands “Urban Residential” with a
“Neighborhood Centre” identified on the site. The subject lands are also adjacent to the
Local Corridor along Concession Road 3.
4.6 Lands in the Urban Residential designation should primarily be used for housing
purposes, but commercial uses may be permitted based on the nature of the activity,
scale, design and location in relation to residential uses.
4.7 Priority Intensification Areas are the primary locations to accommodate growth and the
greatest mix of uses, heights and densities which includes Local Corridors like
Concession Road 3.
4.8 Section 10.6 speaks to Corridors and how they shall provide for intensification, mixed -
use development and pedestrian and transit supportive developments. In summary,
Corridors shall:
Provide for residential and/or mixed-use developments in higher densities and
compact built forms.
Complement other uses along the Corridor.
Be compatible with the existing neighbourhoods.
Protect and enhance the natural heritage system.
4.9 Neighbourhood Centres seek to:
Serve the daily needs of residents with a mix of retail, service, and community
uses.
Be pedestrian-friendly, with buildings oriented towards the street and parking located
at the rear.
Encourage a combination of residential and commercial uses to create vibrant,
walkable communities.
Emphasize the importance of public squares and green spaces to enhance
community interaction and well-being.
Municipality of Clarington Page 7
Report PDS-045-24
5. Zoning By-law 84-63
5.1 The subject lands are currently zoned ‘Urban Residential Type Three Exception (R3 -
56)’. The proposed Zoning By-law Amendment (ZBA) seeks to rezone the lands to the
‘Urban Residential Type Three Exception (R3-XX)’ and ‘Urban Residential Type Four
Exception (R4-XX)’ zones to permit the mixed-use development on the subject lands. A
draft zoning by-law was prepared by the applicant and is included in Attachment 2.
5.2 Finalization of appropriate zone uses and provisions will be determined after all public
and agency comments have been received and will be brought forward at a future date
with the recommendation report. A Hold symbol will be implemented as part of the
rezoning to ensure the conditions of the draft plan of subdivision/condominium or site
plan have been fulfilled.
6. Summary of Background Studies and Agency Comments
6.1 The following reports were submitted in support of the applications and are currently
under review:
Architectural Drawings, Plans and
Elevations
Archaeological Reports Entered into
Registry Confirmation
Draft Official Plan Amendment Draft Zoning By-law Amendment
Functional Servicing & Stormwater
Management Report
Geotechnical Report
Grading Plan Hydrogeological Report
Landscape Plans Noise Impact Study & Addendum
Phase 1 Environmental Site Assessment
Phasing Plan
Planning Rationale Report Sediment & Erosion Control Plan
Servicing Plan
Stage 1 & 2 Archaeological Report
Sustainability Report Traffic Impact Study
Urban Design Report
6.2 The applicant has submitted supporting documents which have been circulated to
departments and agencies for review and comment. The list of studies and drawings are
on the development application webpage www.clarington.net/MearnsConcession3 and
are also available upon request. A summary of the studies and reports will be provided
in a future recommendation report.
Municipality of Clarington Page 8
Report PDS-045-24
7. Public Notice and Submissions
7.1 Public Notice was mailed to 108 households within 120 metres of the subject lands on
October 1st, 2024. and two public meeting signs were installed on the subject lands
along Mearns Avenue and Concession Road 3. Details of the proposed application were
also posted on the Municipality’s website, and in the Clarington Connected e-newsletter.
7.2 As of writing this report, staff have not received any public submissions.
7.3 The applicant hosted their own Neighbourhood Meeting on March 20, 2024, at the
Garnet B. Rickard Recreation Complex. Notice of the meeting circulated to properties
within 120 m in the built-up area and 300 m in the nearby rural area. A total of 13
neighbours attended the meeting. Comments were received and considered by the
applicant. No changes were made to the plan as a result of the meeting.
7.4 Staff will continue to process any public inquiries received. Comments received at the
Statutory Public Meeting will also be considered and included in the recommendation
report.
8. Department and Agency Comments
8.1 The applications were circulated to internal departments and external agencies fo r
review and comments. At the time of writing this report, staff did not receive all of the
agency and department comments. A list and summary of the agency and internal
department comments received, as well as all public comments received, will be
included in a subsequent recommendation report.
8.2 Staff will continue to process any public inquiries received. Comments received at the
Statutory Public Meeting will also be considered and included in the recommendation
report.
9. Discussion
9.1 The proposal aims to develop a total of 275 residential units, comprising 212 units (a
mix of 1-bedroom and 2-bedroom) within a 12 storey mixed-use building that provides
commercial space on the ground floor, and 63 units spread across 10 townhouse
blocks.
9.2 Further discussion on the appropriateness of the land uses proposed and the built form,
such as heights, densities and general site layout will be addressed through a
subsequent recommendation report.
Urban Design
9.3 The Clarington Official Plan contains policies and guidelines for developments within the
Urban Residential and Neighbourhood Centre designations that will need to be
considered when reviewing the applications, such as built form, relationship of buildings
to the street, impacts on the public realm, and the interface to existing/proposed uses.
Municipality of Clarington Page 9
Report PDS-045-24
Careful attention and consideration of these policies will enhance the development while
being respectful to the existing built form and the surrounding community.
Figure 2 – Massing of the Proposed Development
9.4 A shadow analysis was prepared by the applicant to identify impacts of the development
on surrounding areas, as well as the site itself.
9.5 In the absence of a podium structure, architectural elements/projections reinforcing the
active frontage of the ground floor may further reinforce and address urban design
elements of the Neighbourhood Centre.
Pedestrian Connections, Amenity Space, and Landscaping
9.6 The interface of the at-grade amenity space will be assessed in terms of size, interface
with the loading areas and back of apartment building, and visual connection with
Concession Road 3.
9.7 Opportunities for canopy tree planting internal to the subject site and along
condominium roads will need to be explored.
Municipality of Clarington Page 10
Report PDS-045-24
Affordable Units
9.8 The Clarington Official Plan encourages a minimum of 30% of the proposed units to be
affordable. The Planning Act also requires the adequate provision of a full range of
housing, including affordable housing as a matter of Provincial interest. The Planning
Justification Report prepared by the applicant does not have any reference to affordable
housing units.
Traffic, Circulation and Parking
9.9 The 10 townhouse blocks are situated along an internal street network, with each unit
having two parking spaces, one in the garage and one on the driveway. In total, there
are 126 residential townhouse parking spaces and 17 surface -level visitor parking
spaces, including 5 barrier-free spaces.
9.10 For the 12-storey mixed-use building, parking is available both above and below ground
in the underground garage. There are 35 visitor/commercial parking spaces on the
surface, 5 of which are barrier-free. The underground garage on Levels P1 and P2
provides 273 parking spaces, with 24 visitor spaces on P1 (including 1 barrier-free
space) and 248 resident spaces on P1 and P2.
9.11 The location of the east access in proximity to the intersection of Mearns Avenue and
Concession Road 3 will be examined further as a Sight Distance Analysis was not
provided for this entrance.
9.12 Staff will continue to review the submitted applications and work with the applicant to
address all technical matters as well as concerns raised by the public. Agency and
public comments will be addressed in a subsequent recommendation report to Council.
Future applications for site plan approval and draft plan of condominium will also be
required to facilitate the development.
10. Financial Considerations
10.1 Not applicable, as this is a public meeting report to gather public input and the analysis
of the proposal and the reports are being reviewed by the different agencies, additional
financial considerations that may arise will be discussed in a subsequent
recommendation report.
11. Strategic Plan
11.1 The proposed development will be reviewed against the three 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 an alysis of the proposed
development’s interaction with the specific priorities of the Strategic Plan will be included
in the future recommendation report.
Municipality of Clarington Page 11
Report PDS-045-24
12. Climate Change
12.1 As this is a public meeting report to gather public input and the analysis of the propo sal
and the reports are being reviewed by the different agencies, a fulsome analysis of the
proposal, including the impacts on climate change will be discussed in a subsequent
recommendation report.
13. Concurrence
13.1 Not Applicable.
14. Conclusion
14.1 The purpose of this report is to provide background information and obtain comments
on the Official Plan Amendment and Zoning By-law Amendment for 275 residential units
contained in a 12-storey mixed-use building and 3 storey townhouse blocks at the
Statutory Public Meeting under the Planning Act. Staff will continue to review and
process the applications, including consideration of department, agency and public
feedback and will prepare a subsequent recommendation report for Council’s
consideration. Comments received at this public meeting will be considered and
included in the final recommendation report.
Staff Contact: Staff Contact: Sarah Parish, Principal Planner, (905)623-3379 ext. 2432 or
sparish@clarington.net or Amanda Tapp, Manager of Development Review, (905)623-3379
ext. 2527 or atapp@clarington.net.
Attachments:
Attachment 1 – Draft Official Plan Amendment
Attachment 2 – Draft Zoning By-Law Amendment
Interested Parties:
List of Interested Parties available from Department.
Amendment No XX
To The Municipality of Clarington Official Plan
Purpose: The purpose of this Amendment is to amend Section 23.19 to include a site-
specific exception on the subject lands to facilitate the proposed
development and permit an increased building height of 12 storeys (37
metres), while also permitting a total of 63 townhomes, and a maximum
number of attached townhomes to 7.
Location: The subject lands have no municipal address and are legally described as
Lot 9, Concession 2, Block 37 on Registered Plan 40M-1723, former
Township of Darlington, now in the Municipality of Clarington. The subject
lands are located at the intersection of Mearns Ave and Concession Rd 3
and has a total area of 1.79 hectares with 91 metres of frontage along
Concession Rd 3.
Basis: The purpose of this Official Plan Amendment is to amend Section 23.19 of
the Municipality of Clarington Official Plan to provide a site-specific policy on
the subject lands.
Section 4.3.9 of the Municipality’s Official Plan states that the maximum
height for residential buildings, including mixed-use buildings, along Local
Corridors is 6-storeys. Section 9.4.5 of the Official Plan advises that
townhouses sited on blocks shall generally not exceed 50 Units, and that
street townhouses shall generally not comprise more than 6 attached units.
The subject lands are currently located adjacent to the built-up area and are
surrounded to the north and east by agricultural lands (future development).
These agricultural lands are designated ‘Urban Residential’ and significant
development is expected to occur in the near future. The proposed
development will provide for much needed housing, while minimizing land
consumption and utilizing existing and available services in an area where
significant growth is expected to occur. The proposed development also
provides appropriate separation between the 12-storey building and the
existing single family dwellings in the area, while also providing logical
transition through the townhouse built form, from its highest density at the
intersection of Mearns Avenue & Concession 3 (12 storey building) to
surrounding existing single family dwellings within the built-up area of
Bowmanville.
Actual
Amendment: The Municipality of Clarington Official Plan is hereby amended as follows:
1.Existing section 23.19.1 is amended by adding the following:
Attachment 1 to
PDS-045-24
xx. Notwithstanding Section 4.3.9, a building height of 12 storeys for
a mixed-use building located along a Local Corridor is permitted
on the lands identified by Assessment Roll Number 1817-020-
060-08073 located in part of Lot 9, Concession 2, former
Township of Darlington.
Notwithstanding Section 9.4.5, a total maximum number of 63
street townhouses, and a maximum number of 7 street
townhouses per block not including the blocks fronting Mearns
Avenue, are permitted on the lands identified by Assessment Roll
Number 1817-020-060-08073 located in part of Lot 9,
Concession 2, former Township of Darlington.
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 implementation of the Plan, shall apply in regard to this
Amendment.
Attachment 2 to
PDS-045-24
Type The Corporation of the Municipality of Clarington
By-law Number 2024-XX
Being a By-law to amend Zoning 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 lands
legally described as Lot 9, Concession 2, Block 37 on Registered Plan 40M-1723, former
Township of Darlington, now in the Municipality of Clarington.
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is
amended y adding Special Exception Zone 14.6.XX as follows:
“14.6.XX Urban Residential Type Three Exception (R3-XX) Zone
Notwithstanding the provisions of Sections 3.16 d. and 14.4, those lands zoned “R3-XX”
on the Schedules to this By-law shall be subject to the following zone provisions:
a. Density (maximum) 50 units/ha
b. Regulations for Townhouse Dwellings
i. For the purpose of establishing regulations for each Townhouse Dwelling
unit, the following specific regulations shall apply as if each unit is located on
a lot:
a) Yard Requirements
i. Front Yard (minimum)
a. To private dwelling 2.5 metres
ii. Rear Yard (minimum)
a. Abutting Linked Townhouse 4.0 metres
b. Abutting Urban Residential Zone 6.0 metres
b) Balconies, canopies, unenclosed porches, steps, patios, ramps, or
decks attached or directly abutting the principal or main building;
either above or below grade; may project into any required front,
side, or rear yard to a distance of not more than 2.5 metres, but in
no instance shall a required side yard be reduced to below 0.6
metres.
2. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) Zone” is amended
by adding Special Exception Zone 15.4. as follows:
“15.4.XX Urban Residential Type Four Exception (R4-XX) Zone
Notwithstanding the provisions of Section 3.16 d., 15.1, and 15.2, those lands zoned
“R4-XX” on the Schedules to this By-law shall be subject to the following zone provisions:
a. Permitted Uses
i. Residential Uses
a) Dwelling units as part of a building containing a permitted non-
residential use(s)
ii. Non-Residential Uses
a) Commercial School;
b) Eating Establishment, Dine-in;
c) Financial Office;
d) Veterinarian Clinic; and
e) All non-residential uses permitted in 17.1 b.
b. Density (maximum) 425 units/ha
c. Commercial Floor Area (maximum) 300 square metres
d. Building Height (maximum) 37 metres
e. Number of Storeys (maximum) 12 storeys
f. Yard Requirements
i. Front Yard (minimum)
a) To building 1.5 metres
b) To underground parking structure 0.0 metres
ii. Interior Side Yard (minimum)
a) To underground parking structure 0.0 metres
iii. Exterior Side Yard (minimum)
a) To building 3.0 metres
b) To underground parking structure 0.0 metres
iv. Rear Yard (minimum)
a) To building 7.0 metres
b) To underground parking structure 0.0 metres
g. Parking Regulations
i. Residential Use
a) 0.23 visitor spaces per dwelling unit
3. Schedule ‘3I’ to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
“Urban Residential Type Three Exception (R3-56)” to “Urban Residential Type Three
Exception (R3-XX)” and “Urban Residential Type Four Exception (R4-XX)”
As illustrated on the attached Schedule ‘A’ hereto.
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 Sections 34 and 36 of the Planning Act.
Passes in Open Council this day of 2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Schedule “A”
L
., -....,.........,._._...,. _._..
lcoNcEss10N RD 31
,/
·,------, ·SubJect Site (17,868 3 m2 / 178 ha)
rTTTT1 Lands to be rezoned from 'Urban Resi-
OIIII dential Type Three Exception (R3-56)' to
'Urban Residential Type Four Exception
(R4-XX)' Zone (0 54 ha)
Lands to be rezoned from 'Urban Resi-
dential Type Three Exception (R3-56)' to
'Urban Residential Type Three (R3-XX)'
Zone (1.24 ha)
SCHEDULE"A"
ZONING BY-LAW AMENDMENT
Drawn By: MA File: 16-597