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HomeMy WebLinkAbout2025-02-27Page | 1 Committee of Adjustment Meeting Teams Video Meeting & Teleconference Thursday, February 27, 2025 Time: 6:30pm If this information is required in an alternative format, please contact the Accessibility Coordinator at 905-623-3379 ex. 2131 Audio/Video Record: If you attend at a Committee of Adjustment meeting, your audio and video may be recorded. Staff highly encourage in person attendance. Microsoft Teams Need help? Join the meeting now Meeting ID: 226 609 669 267 Passcode: jw3jf9Mu Dial in by phone +1 289-274-8255,,558351638# Canada, Oshawa Find a local number Phone conference ID: 558 351 638# For organizers: Meeting options | Reset dial-in PIN Agenda 1. Call the meeting to Order 2. Land Acknowledgement 3. Declaration of Interest and Opening Statements 4. Swearing in Hebah Masood 5. Consent Applications to be heard: File Number: B-2024-0039 Owner/Agent: Grey Joy Corp. (John Welsh) / David Pearce Staff: Shrija Vora Address: 34 King Ave E, Newcastle File Number: B-2024-0043 and B-2024-0044 Owner/Agent: Nirojan Kanagratnam / Russ Gregory Staff: Jacob Circo Address: 108 Ontario Street, Bowmanville Page | 2 File Number: B-2025-0001 Owner/Agent: Muslim Welfare / SHS Consulting Staff: Shrija Vora Address: 1589 - 1603 Highway 2, Courtice 6. 5 Minute Recess 7. Declaration of Interest 8. Minor Variance Applications to be heard: File Number: A-2024-0058 and A-2024-0059 Owner/Agent: Jasbeer Johal Staff: Akibul Hoque Address: 119 Liberty Street S, Bowmanville File Number: A-2025-0002 Owner/Agent: Matthew Cannon, Senior Director, Lakeridge Health/Carrie-Ann Szorady, Senior Manager, Capital Delivery Staff: Hebah Masood Address: 47 Liberty Street S, Bowmanville 9. New Business 10. Approve Minutes from the previous Committee of Adjustment meeting 11. Adjournment Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted B-2024-0039 34 King Avenue East, Newcastle Municipal Departments / External Agencies Comment Clarington Development Review Division Comments as attached Clarington Building Division No concerns Clarington Development Engineering Division No concerns, see attachment (1) Clarington Emergency & Fire Services Department No concerns Region of Durham Community Growth and Economic Development Comments as attached, see attachment (2) Region of Durham Works Department Comments as attached, see attachment (3) Municipality of Clarington Committee of Adjustment B-2024-0039 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 27, 2025 File Numbers: B-2024-0039 Address: 34 King Avenue East, Newcastle Report Subject: B-2024-0039; Seeking consent to facilitate a Lot Line Adjustment on a commercial lot. Recommendations: 1. That the Report for Consent file B-2024-0039 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2024-0039 for consent be approved subject to the conditions herein. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment B-2024-0039 Page 3 1.1 Owner: 1.2 Applicant: John Walsh (Greyjoy Corp.) David Pearce 1.3 Proposal: B-2024-0039; Seeking consent to facilitate a lot line adjustment that would result in 822.4 square meters of lot area being transferred from 34 King Avenue East to 34 Beaver Street North. 1.4 Area of Existing Lot: 1,130.70 square metres 1.5 Area of Severed: 822.40 square metres 1.6 Area of Retained: 308.30 square metres 1.7 Zoning: ‘General Commercial Exception (C1-33)’ within Zoning By-law 84- 63. 1.8 Clarington Official Plan Designation: 1.9 Secondary Plan Designation: Village Centre Street-Related Commercial Area 1.10 Heritage Status: None 1.11 Water Supply: 1.12 Sanitary Supply: Municipal Servicing Municipal Servicing Municipality of Clarington Committee of Adjustment B-2024-0039 Page 4 Figure 1 – Lands subject to consent application Municipality of Clarington Committee of Adjustment B-2024-0039 Page 5 2. Background 2.1 On December 12, 2024, an application was received from David Pearce, on behalf of John Walsh (Greyjoy Corp.) for consent to facilitate a lot line adjustment for lands municipally known as 34 King Avenue East in Newcastle. Figure 2 – Draft Reference Plan Municipality of Clarington Committee of Adjustment B-2024-0039 Page 6 2.2 The property at 34 King Avenue East currently is developed with one mixed use building along King Avenue, constructed in the 1870s with a northern addition to the building being added in 1975. 2.3 Staff’s recommended in January 2025 to table this application for a period of 60 days which was approved by the Committee, as the appropriate signage notifying of the application was not picked up and installed by the applicant on the subject site 14 days prior to the Committee meeting and therefore Planning Act statutory timeline requirements were not met. 2.4 The applicant requested staff to bring the application back to the agenda for the February meeting for which the public notification was carried out as per the Planning Act statutory timeline. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located north on King Avenue east in Newcastle and is municipally known as 34 King Avenue East. The subject lands form an irregular shaped lot with an area of 1,130.70 square metres, average depth of approximately 61.5 metres and frontage along King Avenue East of approximately 10 metres. The surrounding land uses include low rise commercial on all four sides of the subject property. 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 metres of the subject lands. 4.2 At the time of writing this report, Staff have not received any inquiries from members of the public regarding this consent application. No written letters of opposition have been received regarding the proposal. 5. Provincial Policy Provincial Planning Statement (PPS) 5.1 Section 1.1.3: Within settlement areas, land use patterns shall be based on densities and a mix of land uses which optimizes existing and planned infrastructure and efficiently uses land and resources. It is the opinion of the Planning and Infrastructure Services Department that the proposed application is consistent with the criteria within the PPS. 5.2 The application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024). Municipality of Clarington Committee of Adjustment B-2024-0039 Page 7 6. Official Plan 6.1 The subject property is designated Village Centre within the Clarington Official Plan. The “Village Centre” designation is intended to function as the focal point of communities. They shall provide an array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. 6.2 The subject site is within the Newcastle Village Centre Secondary Plan and is designated Street-related Commercial area. Street-related Commercial Area are intended to provide an array of retail, service, office, residential, cultural, community, recreational and institutional uses. The proposed severance conforms to the Secondary Plan policies. 6.3 The proposed consent application is subject to policies within Section 23.7 - Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development throughout the Municipality shall be prohibited Planning Staff is satisfied that this application does not result in scattered residential development. b) Ribbon development along arterial roads shall be prohibited and direct access from arterial roads shall generally be restricted Planning Staff is satisfied that this application for consent does not result in ribbon development. c) Severances shall meet the requirements of the Region of Durham and applicable provincial agencies, regarding the provision of sewage disposal and water services, and may include entering into an agreement with the Region of Durham The Ministry of Transportation, CLOCA, and the Region of Durham has no objection to the granting of approval for the above noted consent applications. d) Severances shall only be given when land fronts on an open and maintained public road. Notwithstanding, a landlocked parcel related to a land assembly for future development in conformity to this Plan may be created The retained lands have frontage along a Municipally opened and maintained road. Municipality of Clarington Committee of Adjustment B-2024-0039 Page 8 e) The size of any parcel of land created by severance should be appropriate for the use proposed in keeping with the character of the surrounding neighbourhood and no parcel should be created which does not conform to the provisions of this Plan and the implementing Zoning By-law Application is consistent in keeping with the character of the surrounding neighbourhood and conforms to the development policies within the Official Plan. f) Severances shall not be granted for land adjacent to a road from which access is to be obtained if a traffic hazard would be created because of limited sight lines on curves or grades Clarington’s Development Engineering department is satisfied that this development does not create a traffic hazard (see Attachment 1). g) Severances to be granted shall be conditional upon the applicant meeting all requirements of the Municipality, financial and otherwise, and may include an agreement being entered into with the Municipality This application to facilitate lot line adjustment is subject to the fulfillment of Municipal conditions – (See page 10 of this report) h) The Municipality is satisfied that a plan of subdivision is not required. Generally, 3 lots are considered the maximum number of new lots that may be created by severances from a parcel of land This application will result in a lot line adjustment and Staff is satisfied that this consent application would not require a plan of subdivision i) Where a property has more than one land use designation, a land severance along the boundary of two different designations is permissible provided the severance does not contravene any applicable policies of this Plan Not Applicable – the subject lands are entirely designated Village Centre within the Clarington Official Plan. j) In the Agricultural and Rural designations, any severance applications for agricultural, farm-related uses, and farm-related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 The subject applications does not result in the creation of a new lot within an Agricultural or Rual land use designation. Municipality of Clarington Committee of Adjustment B-2024-0039 Page 9 k) The severance shall be in compliance with the provisions of any site plan, subdivision or any other development agreements registered against the title of the subject lands Not applicable. 6.4 For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposal conforms to the severance policies under Section 23.7 a) – k) of the Clarington Official Plan. 7. Zoning By-Law 84-63 7.1 The subject property is zoned ‘General Commercial Exception (C1-33)’ within Zoning By-law 84-63. Permitted uses in the (C1-30) zone include a range of commercial uses as indicated in the parent (C1) zone. The proposed easement/right-of-way for access is for uses permitted by the Zoning by-law. 8. Recommendation Section 1: General 1. That the applicant satisfies all the requirements of the Municipality of Clarington’s Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated January 09, 2025. 2. That the applicant satisfies all the requirements of the Regional Works Department, financial and otherwise as detailed in the Regional Works letter dated January 07, 2025. This is to be confirmed by obtaining a clearance letter from the Region’s Works Department and submitted to the Municipality. 3. That the applicant satisfies all the requirements of the Regional Community Growth and Economic Development , financial and otherwise as detailed in the Regional Planning letter. This is to be confirmed by obtaining a clearance letter from the Region’s Planning and Economic Development Department and submitted to the Municipality. 4. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration. Registration of this Reference Plan is done by the owner, applicant, or agent’s surveyor at the expense of the owner/applicant or agent. 5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. Municipality of Clarington Committee of Adjustment B-2024-0039 Page 10 6. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 7. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions 8. That the applicant shall ensure any new easement/right-of-way complies with all appliable provisions of Zoning By-law 84-63. 9. Advisory Notes 1. It is the owner, applicant/and or agent’s responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Municipality of Clarington Committee of Adjustment B-2024-0039 Page 11 Prepared by: Shrija Vora Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner Development Review, who concurs with the recommendations. Staff Contact: Shrija Vora, Planner, (905) 623-3379 x2436 or svora@clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: John Walsh David Pearce MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Consent to facilitate a lot line adjustment that would result in 822.4 square meters of lot area being transferred from 34 King Avenue East to 34 Beaver Street North. We have reviewed the above-noted application and have no objection to this proposal. If the development is proposed on the severed parcel, further comments may be provided at the appropriate stage. If you have any questions regarding the above-noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/J.A. To: Shrija Vora, Planner II From: Karen Richardson, Manager of Development Engineering Date: January 9, 2024 Subject: Land Division Application B-2024-0039 File: Applicant: David Pearce Address: 34 King Street East, Newcastle Attachment 1 If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. The Regional Municipality of Durham Community Growth and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Email: planning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PLE Commissioner of Community Growth and Economic Development January 15, 2025 Shrija Vora, Planner 2 Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 Re: Application for Consent B-2024-0039 Durham Ref.: LD 133/2024 Applicant: John Walsh c/o Greyjoy Corp. Location: 34 King Avenue East Municipality: Municipality of Clarington (Newcastle) Hearing Date: January 23, 2025 RECOMMENDATION: That application B-2024-0039 be approved with no conditions. 1.PURPOSE OF APPLICATION The purpose of the consent is to facilitate a lot line adjustment that would result in 822.4 m2 (Part 1) of lot area being transferred from 34 King Avenue East to 34 Beaver Street North (Part 5). 2.CONFORMITY WITH THE REGIONAL OFFICIAL PLAN (ENVISION DURHAM), PROVINCIAL PLANNING STATEMENT (2024), AND PROVINCIAL PLAN REVIEW RESPONSIBLITIES Please be advised effective January 1, 2025, the Region is an Upper- tier municipality without planning responsibilities. As such, the comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region’s delegated provincial plan review responsibilities will fall under the purview of the area municipalities. 3.REGIONAL DEPARTMENT COMMENTS Regional Works Department The Regional Works Department has no objection o r conditions to impose for this application. Attachment 2 B-2024-0039 -2- 4.CONCLUSION The proposed application would permit Part 1 lands, as shown on the draft 40R-Plan to be merged with the neighbouring property (Part 5) located to the east. We have no objection to the proposed application. Yours truly, Vannitha Chanthavong Vannitha Chanthavong, MCIP, RPP Planner Attachment: 1. Regional Works comments January 7, 2025 cc: Grant Young, Regional Works Department If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753. 2 The Regional Municipality of Durham Works Department 605 Rossland Rd. E. PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-2051 E-mail: works@durham.ca www.durham.ca January 7, 2025 Planning and Economic Development Regional Municipality of Durham 605 Rossland Road East, 4th Floor P.O. Box 623 Whitby, ON L1N 6A3 Sent via Planit Attention: Lino Trombino Re: LD 133/2024 (B2024-0039) Greyjoy Corp. c/o Joe Walsh Agent: David Pearce 34 King Avenue Municipality of Clarington Please be advised that our department has no objection or conditions to be imposed upon the consent to add a 822.4 square metre commercial parcel of land (Part 1), in favour of the parcel to the east (Part 5), retaining a 260 square metre commercial parcel of land. In the event you have any questions, please contact the undersigned. Yours truly, Grant Young, C.E.T. Development Approvals Technician grant.young@durham.ca 905 668 7711 extension 2479 Attachment 3 Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted B-2024-0043-to-B2024-0044 108 Ontario Street, Bowmanville Municipal Departments / External Agencies Comment Clarington Development Review Division Comments as attached Clarington Building Division No concerns Clarington Development Engineering Division See Attachment 1 Clarington Fire and Emergency Services Division No concerns Region of Durham Community Growth and Economic Development Department Comments outstanding Region of Durham Works Department Comments outstanding Municipality of Clarington Committee of Adjustment Page 2 B-2024-0043-to-B2024-0044 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 27, 2025 File Number: B-2024-0043-to-B2024-0044 Address: 108 Ontario Street, Bowmanville Report Subject: Seeking consent to facilitate the creation of two new residential lots. The purpose of this application is to sever a 579.4 square metres residential parcel of land with 28.34 metres of frontage (Parts 2 and 3 on the draft reference plan), retaining a 441.6 square metres residential parcel of land with 20.12 metres of frontage (Part 1 on the draft reference plan). The proposed severance will support the creation of a semi-detached dwelling on the severed parcels while maintaining the existing single detached dwelling on the retained parcel. Recommendations: 1. That the Report for Consent file B-2024-0043-to-B2024-0044 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2024-0043-to-B2024-0044 for consent be approved subject to the conditions herein. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment Page 3 B-2024-0043-to-B2024-0044 1.1 Owner: 1.2 Applicant: Nirojan & Thirumalar Kanagaratnam Russ Gregory on behalf of Gregory Design Group 1.3 Proposal: Seeking consent to facilitate the creation of two new residential lots. The purpose of this application is to sever a 579.4 square metres residential parcel of land with 28.34 metres of frontage (Parts 2 and 3 on the draft reference plan), retaining a 441.6 square metres residential parcel of land with 20.12 metres of frontage (Part 1 on the draft reference plan). The proposed severance will support the creation of a semi-detached dwelling on the severed parcels while maintaining the existing single detached dwelling on the retained parcel. 1.4 Area of Existing Lot: 1,021 square metres 1.5 Area of Severed Lot (File: B2024-0043): 285.1 square metres (Part 2) 1.6 Area of Severed Lot (File: B2024-0044): 294.3 square metres (Part 3) 1.7 Area of Retained Lot: 441.6 square metres (Part 1) 1.8 Zoning: Urban Residential Type One (R1) within the Neighborhood Character Overlay (NCO) 1.9 Clarington Official Plan Designation: Urban Residential Area 1.10 Heritage Status: None 1.11 Water/Sanitary Supply: Municipal Municipality of Clarington Committee of Adjustment Page 4 B-2024-0043-to-B2024-0044 Figure 1 – Aerial Site Plan of the Subject Lands Municipality of Clarington Committee of Adjustment Page 5 B-2024-0043-to-B2024-0044 2. Background 2.1 A consent application was received on December 11th, 2024, from Russ Gregory to sever lands municipally known as 108 Ontario Street. The effect of both consent applications is to support the creation of a semi-detached dwelling on the severed parcels while maintaining the existing single detached dwelling on the retained parcel. The proposed retained and severed lots associated with the application are highlighted in Figures 1 and 2. Figure 2 – Draft 40R reference plan showing proposed consent application lot fabric 3. Land Characteristics and Surrounding Uses 3.1 The subject property is situated at the corner of Ontario Street at Albert Street, which is southwest of Liberty Street South. To the east of the property, beyond the rear yard, is the former Goodyear Site. To the south is the Viola-Léger Elementary School which is situated within the Conseil Scolaire Viamonde board. The subject property is also surrounded by existing single detached and semi- detached dwellings to the north, west, east, and south. Municipality of Clarington Committee of Adjustment Page 6 B-2024-0043-to-B2024-0044 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 metres of the subject lands. 4.2 At the time of writing the Staff Report, a clerical error was noticed which resulted in the public notice stating that the semi-detached dwellings would be constructed on the retained lands and that the existing single detached dwelling would be maintained on the severed lands. This clerical error has now been corrected in the Staff Report to better clarify the correct purpose of the consent applications. It's important to emphasize that the lot area and frontage for both the retained and severed parcels remain unchanged. 4.3 At the time of writing this report, Staff have received no inquiries or opposition from members of the public for this proposed consent application. 5. Provincial Policy Planning Act 5.1 Planning Act: Section 53(12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality when considering an application for Consent. For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposed application is consistent with the criteria (a) – (m) of Section 51(24) under the Act. Provincial Planning Statement (2024) 5.2 Section 2.2 Housing: Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by: permitting and facilitating all types of residential intensification, introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units in accordance with policy 2.3.1.3. 5.3 Section 2.3 Settlement Areas: Settlement areas shall be the focus of growth and development. Land use patterns within settlement areas shall be based on densities and a mix of land uses. Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment application is consistent with the criteria within the PPS. Municipality of Clarington Committee of Adjustment Page 7 B-2024-0043-to-B2024-0044 5.4 The subject application will facilitate the intensification of a previously developed area and assist in meeting current and projected housing needs. It is the opinion of Staff that the proposed application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024). 6. Durham Regional Official Plan (Envision Durham) 6.1 Effective January 1, 2025, the Region is an Upper-tier municipality without planning responsibilities. As such, the comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region’s delegated provincial plan review responsibilities now fall under the purview of the area municipalities. 6.2 The subject site is designated as “Community Areas” in the Region of Durham Official Plan (ROP) which are intended to accommodate a wide variety of housing types and densities. Residential infill development is permitted within this designation and supports opportunities to increase the supply of housing and utilization of land and resources. The application conforms with the policies of the ROP by meeting housing objectives and by capitalizing on existing infrastructure. 6.3 It is staff’s opinion that the consent application conforms to the Durham Regional Official Plan. 7. Clarington Official Plan 7.1 The proposed consent application is subject to policies within Section 23.7 - Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development throughout the Municipality shall be prohibited Planning Staff is satisfied that this application does not result in scattered residential development. b) Ribbon development along arterial roads shall be prohibited and direct access from arterial roads shall generally be restricted Planning Staff is satisfied that this application does not result in ribbon development and is not situated along an arterial road. Municipality of Clarington Committee of Adjustment Page 8 B-2024-0043-to-B2024-0044 c) Severances shall meet the requirements of the Region of Durham and applicable provincial agencies, regarding the provision of sewage disposal and water services, and may include entering into an agreement with the Region of Durham The Durham Region’s Works Department has no objection to the granting of approval for the above noted severance application. d) Severances shall only be given when land fronts on an open and maintained public road. Notwithstanding, a landlocked parcel related to a land assembly for future development in conformity to this Plan may be created The subject lands have frontage along a Municipally opened and maintained road. The subject consent does not result in the creation of a landlocked parcel of land. e) The size of any parcel of land created by severance should be appropriate for the use proposed in keeping with the character of the surrounding neighbourhood and no parcel should be created which does not conform to the provisions of this Plan and the implementing Zoning By-law Application is consistent in keeping with the character of the surrounding neighbourhood and conforms to the development policies within the Official Plan and Zoning by-law. See Section 8 of the Clarington Official Plan. f) Severances shall not be granted for land adjacent to a road from which access is to be obtained if a traffic hazard would be created because of limited sight lines on curves or grades Development Engineering is satisfied that this development does not create a traffic hazard. See Attachment 1. g) Severances to be granted shall be conditional upon the applicant meeting all requirements of the Municipality, financial and otherwise, and may include an agreement being entered into with the Municipality This application to create a new lot is subject to the fulfillment of Municipal conditions – (See page 11 of this report) Municipality of Clarington Committee of Adjustment Page 9 B-2024-0043-to-B2024-0044 h) The Municipality is satisfied that a plan of subdivision is not required. Generally, 3 lots are considered the maximum number of new lots that may be created by severances from a parcel of land This application will result in the creation of one (1) new lot and Staff is satisfied that this consent application would not require a plan of subdivision. i) Where a property has more than one land use designation, a land severance along the boundary of two different designations is permissible provided the severance does not contravene any applicable policies of this Plan Not applicable. The subject lands are not under multiple land use designations. j) In the Agricultural and Rural designations, any severance applications for agricultural, farm-related uses, and farm-related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 Not applicable. The subject lands are not Agricultural or Rural. k) The severance shall be in compliance with the provisions of any site plan, subdivision or any other development agreements registered against the title of the subject lands Not applicable. The subject lands are not subject to an additional planning application that would be registered against the title of the subject lands. 7.2 For the purposes of this review, it is the opinion of Staff that the proposal conforms to the severance policies under Section 23.7 a) – k) in the Clarington Official Plan. 7.3 Clarington’s Urban Structure is identified on Map B and consists of Built-up Areas, Greenfield Areas, and Priority Intensification Areas. Development will be focused within the delineated Built-up Areas and the Priority Intensification Areas. The Priority Intensification Areas have been identified as the primary locations to accommodate growth and the greatest mix of uses, heights and densities. The subject lands are located within the built-up area of Bowmanville. Municipality of Clarington Committee of Adjustment Page 10 B-2024-0043-to-B2024-0044 7.4 The subject property is primarily designated Urban Residential within the Clarington Official Plan. The predominant use of lands designated Urban Residential shall be for housing purposes. 7.5 As per Section 9.4.6 in the Clarington Official Plan, the Municipality recognizes that established neighbourhoods are stable but not static, the Municipality encourages limited intensification in accordance with the criteria in Section 5.4.1 to ensure intensification projects are compatible with the adjacent neighbourhood. Section 5.4.1 requires that redevelopment in established neighbourhoods shall be designed to respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets, blocks and the size and configuration of lots. Planning staff is satisfied that the creation of two new lots for the subject lands is consistent with the lot fabric of existing lots in the neighbourhood and can support the construction of a semi-detached dwelling on the proposed severed parcels. 7.6 The subject lands are in a neighbourhood of historical character where new lot creation shall be consistent with the built form pattern and historical context of the area. The NCO is comprised of various lot patterns which suit the development of the proposed lots. Planning staff is satisfied that the creation of two new lots for the purposes of constructing a semi-detached dwelling for the subject lands is consistent with the built form pattern and historical context of the neighbourhood. 7.7 It is staff’s opinion that the consent application conforms to the Clarington Official Plan. 8. Zoning By-Law 84-63 8.1 The subject lands are primarily zoned as ‘Urban Residential Exception (R1)’ and within Zoning By-law 84-63. Permitted uses in the (R1) zone include single and semi-detached dwellings as well as additional dwelling units (ADUs). 8.2 Residential built form within the NCO is subject to alternate regulations within the zoning by-law that apply to the “Urban Residential Type One (R1) Zone” and all special exceptions to that zone located within the NCO Section 12.2.1 of the Zoning By-law. Municipality of Clarington Committee of Adjustment Page 11 B-2024-0043-to-B2024-0044 8.3 The zoning regulations for creating new lots within the (R1) zone are governed by the provisions of the parent (R1) zone, as outlined in Section 12.2 of the by- law. This section specifies the minimum lot area and frontage requirements based on the type of dwelling. The applicants have indicated their intention to build a semi-detached dwelling, which requires a minimum lot area of 550 square metres and 20 metres of frontage. The proposed total lot frontage for the severed parcels is 28.31 metres, with a total lot area of 579.61 square metres. These two severed parcels, identified as Parts 2 and 3 in Figure 2, are intended for the construction of the new semi-detached dwelling. Part 2 of the draft 40R plan will have a frontage of 14.17 metres and an area of 285.1 square metres, while Part 3 will have a frontage of 14.17 metres and an area of 294.3 square metres. Both proposed severed parcels meet the requirements for a semi-detached dwelling, as specified in Sections 12.2 a-b) of Zoning By-law 84-63. 8.4 The applicants have indicated their intention to retain the existing single- detached dwelling, which requires a minimum lot area of 460 square metres and 16 metres of frontage, as per Section 12.2.a-b) of Zoning By-law 84-63. The proposed retained parcel will have a frontage of 20.12 metres and an area of 441.8 square metres. This proposed lot area falls short of the required 460 square metres by 18.2 square metres. Therefore, a minor variance application will be necessary as a condition of approval for both consent applications, allowing the applicant to address the zoning deficiency in lot area for the proposed retained parcel. 8.5 It is staff’s opinion that the proposed use of the subject lands is permitted and the application for consent conforms with the provisions of the Zoning By-law. A Minor Variance application will be a requirement as a condition of both consent applications to seek approval for a reduction in the minimum required the lot area as per Section 12.2.a.i) of Zoning By-law 84-63. 9. Recommendation 9.1 Should the Committee deem it appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Requirements: Section 1: General 1. That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of regional services, financial and otherwise as detailed in the Regional Works Department’s letter. Municipality of Clarington Committee of Adjustment Page 12 B-2024-0043-to-B2024-0044 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham, financial and otherwise as detailed in the Regional Community Growth and Economic Development Department’s letter. 3. That the applicant satisfies all the requirements of the Municipality of Clarington’s Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated February 11, 2025. 4. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 5. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration; Registration of this Reference Plan is done by the owner, applicant, or agent’s surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. 6. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 7. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 8. Agent/owner is required to submit a minor variance application to seek approval from the Committee of Adjustment for a reduction in the minimum required lot area as per Section 12.2.a.i) of Zoning By-law 84-63 for the proposed retained parcel. In order to clear this condition, the minor variance application is to be approved and become final and binding after a 20-day mandatory appeal period. Applicant is to submit a building permit application for the proposed dwelling. Once the building permit is issued, the applicant will be required to provide an updated draft Reference Plan prepared by an OLS that delineates the common wall of the dwelling to the satisfaction of the Planning and Infrastructure Services Department, prior to registration of the plan. Municipality of Clarington Committee of Adjustment Page 13 B-2024-0043-to-B2024-0044 9. The applicant shall ensure that any new lots created through a severance, whether retained or severed, comply with the applicable provisions of Zoning By- law 84-63. 10. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. The applicant shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under Section 53 (12.1) and (13) of the Planning Act, R.S.O,c.P.13. This payment is equivalent to 5% of the value of the severed parcel. To determine the value of the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal. 11. The creation of a new residential lot requires both the applicant and a Qualified Person to complete and sign the Site Screening Questionnaire (SSQ) to address any potential site contamination at the subject site in accordance with the Region’s Soil and Groundwater Assessment Protocol subject to the satisfaction of the Municipality of Clarington. The applicant is required to submit the SSQ Form, that is to be signed by a Qualified Person who meets the qualifications of subsection 5(2) of O.Reg. 153/04. A Phase One Environmental Site Assessment (ESA) report must be prepared consistent with the requirements of the Ontario Brownfields Regulation (O. Reg 153/04) if potential contamination is discovered on or adjacent to the subject lands. Advisory Notes 1. It is the owner, applicant/and or agent’s responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Prepared by: Jacob Circo Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Municipality of Clarington Committee of Adjustment Page 14 B-2024-0043-to-B2024-0044 Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Jacob Circo, Planner, (905) 623-3379 x2425 or jcirco@clarington.net. Attachments: Attachment 1 – Municipality of Clarington’s Development Engineering Division’s Letter, dated February 11, 2024 Interested Parties: The following interested parties will be notified of Committee's decision: Russ Gregory on behalf of Gregory Design Group Nirojan & Thirumalar Kanagaratnam MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Consent to sever a 579.4 square metres residential parcel of land with 28.34 metres of frontage (Parts 2 and 3 on the draft reference plan), retaining a 441.6 square metres residential parcel of land with 20.12 metres of frontage (Part 1 on the draft reference plan). The proposed two new severed parcels will support the creation of a semi- detached dwelling (Part 2 & 3) while maintaining the existing single detached dwelling on the retained parcel (Part 1). We have reviewed the above-noted application and have no objection to this proposal subject to the following comments: Development Agreement The applicant/owner must enter into a consent agreement with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: General Comments Retention of existing trees is recommended wherever possible. Road Widening There is no requirement for any road dedications to the Municipality in conjunction with this application. To: Jacob Circo, Planner II From: Karen Richardson, Manager of Development Engineering Date: February 11, 2025 Subject: Land Division Application Applicant: Russ Gregory c/o. Gregory Design Group Address: 108 Ontario Street, Bowmanville Part Lot 11, Concession 01, Former Township of Darlington File: B2024-0043 / B2024-0044 Attachment 1 B2024-0043 / B2024-0044 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 2 WHEN THE BUILDING PERMIT IS APPLIED FOR, please note the following requirements: Building Permit Requirements The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: Grading and Servicing Plan The applicant/owner must provide this department with a detailed Lot Grading and Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Deputy CAO of Planning and Infrastructure Services. The Grading Plan must demonstrate that there is no impact on any adjacent properties as a result of this development. The Municipality recommends maximizing the drainage from the proposed development towards the Municipal ROW. The applicant must show all on-site services, including sanitary, water, storm sewers, and utilities (hydro, gas, cable). Entrance Permit The applicant/owner must apply for an Entrance Permit to facilitate the construction of an entrances from the subject property to Albert Street. The applicant/owner will be responsible for any cost necessary in providing a connecting access which may include utility relocation, entrance paving, curb cuts, restoration etc. For semi-detached dwellings, the maximum permissible width for driveways is 4.6 meters. This requirement should be included in the design considerations. More information on Entrance Permits can be found online at Clarington.net or through By-law 2015-040. Road Excavation Excavation of Ontario Street & Albert Street is not permitted between December 1st and April 30th. An appropriate clause must be included in the consent agreement. Municipal Road Occupancy The following notes must be provided on all applicable drawings: “Respecting all work in the municipal right-of-way, the contractor is to provide at least 48 hours prior notice to the Clarington Public Works Department staff at (905) 263-2291”. B2024-0043 / B2024-0044 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 3 “A Road Occupancy Permit will be required for any work done in the municipal road allowance. Excavation of the road surface is not permitted between December 1st and April 30th”. “All restoration or work done in the road allowance must be completed as per municipal field staff direction”. “The performance guarantee will not be refunded by the Municipality of Clarington unless the works have been inspected by municipal representatives and deemed to be complete and satisfactory”. Development Deposit The applicant will be responsible to provide a Development Deposit in the amount of $3,000.00 per lot. The deposit will include but not be limited to the following works within the municipal right-of-way: • Boulevard restoration including sodding. • Replacement of any damaged sidewalks. • Replacement of any street trees that are damaged or removed during construction. • Relocation of any utilities within the boulevard. Once the work has been completed, the applicant will notify the Municipality and the property will be inspected by municipal field staff to confirm that all appropriate restoration within the municipal right-of-way is satisfactory and that the grading generally meets the approved Lot Grading Plan provided with the Building Permit. The Development Deposit will be refunded when all works and restoration have been completed to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Any decision with respect to the release of the guarantee will be made at the sole discretion of the Deputy CAO of Planning and Infrastructure Services. Parks Division The applicant will be required to provide an appropriate cash contribution in lieu of the normal parkland dedication. (Confirm with the Planner) Soil Management Report – Site Alteration Should a future Site Plan application be required, the Municipality will require a Soil Management Report be prepared for the Site and submitted for review and approval prior to Site Plan approval. The scope of the Soil Management Report is described in Section 5 of the Municipality’s Site Alteration Permit. Every effort must be made to minimize the importing and exporting of material. B2024-0043 / B2024-0044 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 4 Should Site Alteration Works be necessary, in advance of the approval of the future consent, a permit is required from the Municipality under Site Alteration By-law 2024- 017, as amended, and from the conservation authority for a regulated area under their jurisdiction. Securities may be required. The applicant must demonstrate compliance with Ontario Regulation 406/19 and the MECP Rules for soil management and excess soil quality standards for development beginning on/or after January 1, 2023. The applicant shall confirm whether works completed to date (i.e., sampling completed through ESAs and Geotechnical Investigations) are in compliance with and/or satisfy the requirements of the Regulation. Should Site Alteration Works be necessary, as part of the development process, a Soils Management Report is required prepared by a Professional Engineer and submitted to the Deputy CAO of Planning and Infrastructure Services for approval. The applicant will be responsible to meet all current excess soil regulations. The approval of a permit under the Site Alteration By-law or Soils Management Report will require providing information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the subject lands. Soils Management Report and Plans need to address the following areas: 1) Proposed haul route, demonstrating shortest routes and least impact to municipal roads, traffic and residents 2) Proposed schedule with precise start and end dates. 3) Estimate of how many cubic meters to be hauled, how many trucks per day. 4) A description of the proposed fill, confirming it originates from within the Municipality of Clarington and describing source locations and confirmation from a qualified expert that it contains no contaminated fill, as defined in the Municipality’s current Site Alteration By-law. 5) Daily haulage time restrictions where public may be impacted (i.e. rush hour traffic, school areas, park areas, etc.). 6) Mud and dust control program for both source and dump sites, including who will be monitoring the haulage to ensure conformance to these conditions. This also includes monitoring and cleaning mud mats and roadways at both sites. The Municipality is to be provided with the contact’s name and position, B2024-0043 / B2024-0044 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 5 their 24 hour phone number and what company they are using to clean Municipal roads. 7) When route is approved by the Municipality, a precondition assessment and post haulage assessment to determine any damage and required repairs to the satisfaction of the Municipality. 8) Written commitment from applicant to ensure their contractor, subcontractor and all associated parties adhere to these requirements and any additional conditions that the Deputy CAO of Planning and Infrastructure Services determines appropriate under the Municipality’s current Site Alteration By- law. 9) Any Municipal approval is based on the understanding that the applicant has obtained prior to the work, the necessary approvals from any other agencies, including the Conservation Authority where appropriate. Provide written confirmation of consultation and acceptance of the proposal from the Conservation Authority. 10) Absolutely no alteration of either the source or destination site shall occur until the Municipality has approved the Soils Management Plan and/or Site- Alteration Permit (e.g. Silt fence installation, tree clearing, mud mat construction, etc.). General Requirements and Conditions All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-Law and all applicable legislation and to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted B-2025-0001 1589-1603 Highway 2, Courtice Municipal Departments / External Agencies Comment Clarington Development Review Division Comments as attached Clarington Building Division No concerns Clarington Development Engineering Division No concerns, see attachment (1) Clarington Emergency & Fire Services Department No concerns Region of Durham Community Growth and Economic Development No concerns, see attachment (2) Region of Durham Works Department No concerns, see attachment (3) Municipality of Clarington Committee of Adjustment Page 2 B-2025-0001 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 27, 2025 File Numbers: B-2025-0001 Address: 1589-1603 Highway 2, Courtice Report Subject: B-2025-0001; Seeking consent to facilitate a temporary planned emergency service vehicle turnaround easement. Recommendations: 1. That the Report for Consent file B-2025-0001 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2025-0001 for consent be approved subject to the conditions herein. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment Page 3 B-2025-0001 1.1 Owner: 2.1 Applicant: Muslim Welfare Centre of Toronto Andrew Vrana c/o SHS Consulting 3.1 Proposal: B-2025-0001 Seeking consent to facilitate a temporary planned emergency service vehicle turnaround easement. 4.1 Area of Existing Lot: 17,650 square metres (17.65 ha) 5.1 Area of Severed: 6,174 square metres (6.17 ha) 6.1 Area of Retained: 11,476 square metres (11.47 ha) 7.1 Location: 1589-1603 Highway 2, Courtice 8.1 Zoning: Holding Residential Mixed Use Exception ((H) MU2-1)) and Holding Residential Mixed Use ((H) MU2)(S:4/6)) within Zoning by-law 84-63 9.1 Clarington Official Plan Designation: 10.1 Secondary Plan Designation: Regional Corridor Low Rise High Density Residential 11.1 Heritage Status: None 12.1 Water Supply: 13.1 Sanitary Supply: Regional Regional Municipality of Clarington Committee of Adjustment Page 4 B-2025-0001 Figure 1 – Lands subject to severance application Municipality of Clarington Committee of Adjustment Page 5 B-2025-0001 1. Background 1.1 In late December 2024, an application was received from Andrew Vrana c/o SHS Consulting, on behalf of the Muslim Welfare Centre for consent on lands municipally known as 1589-1603 Highway 2. The purpose of this application is to facilitate a temporary emergency service vehicle turnaround easement in a manner shown in Figure 2 below. Figure 2: Proposed Temporary Easement Location 1.2 A Site Plan Application (SPA2024-0037) for the site has been submitted for a proposed provincially funded Long-Term Care (LTC) Facility, as part of a campus- of-care for seniors. The proposed development is phased, where the first phase of this campus-of-care, the proposed LTC would be located on the eastern portion of the site. A future affordable rental apartment building for seniors would is envisioned as a future second phase of the campus-of-care. 1.3 While the proposed campus-of-care, including both the phase one LTC and phase two affordable seniors housing will function as one cohesive site, both owned by MWC, a local non-profit, a severance (B2024-0031) of 1589-1603 Highway 2 was approved back in October of 2024, in order to satisfy lender and funder requirements. Municipality of Clarington Committee of Adjustment Page 6 B-2025-0001 1.4 As part of the Site Plan application review, a temporary service vehicle turnaround easement is required. This turnaround can only be accommodated on the future affordable seniors' housing land. Since the property is severed and will provide vehicle access to the retained portion on the severed parcel, a temporary registered service vehicle turnaround easement is required prior to the Site Plan Agreement being finalized. 2. Land Characteristics and Surrounding Uses 2.1 The subject property is located south of Durham Regional Highway 2 in Courtice, municipally known as 1589-1603 Highway 2. The subject lands form a rectangular shaped lot with an area of 17,650 square metres, depth of 100.95 metres and frontage along Highway 2 of 156.54 metres. The surrounding land uses include single detached residential dwellings to south, Courtice Funeral Chapel to the west and an under construction apartment building to the east. 3. Public Notice and Submissions 3.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 metres of the subject lands. 3.2 At the time of writing this report, Staff have not received any inquiries from members of the public regarding these two consent applications. No written letters of opposition have been received regarding the proposal. 4. Provincial Policy The Planning Act 4.1 Section 53(12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality when considering an application for Consent. For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposed application is consistent with the criteria (a) – (m) of Section 51(24) under the act. Municipality of Clarington Committee of Adjustment Page 7 B-2025-0001 5. Official Plan 5.1 The subject property is designated Regional Corridor within the Clarington Official Plan. The “Regional Corridor” are component of ‘Priority Intensification Areas’. The ‘Priority Intensification Areas’ have been identified as the primary locations to accommodate growth, and the greatest mix of uses, heights and densities. 5.2 The subject site is within the Courtice Main Street Secondary Plan and is designated Low Rise High Density Residential. Low Rise High Density Residential Area are intended to provide an array of dwelling types. The proposed severance conforms to the Secondary Plan policies. 5.3 The proposed consent application is subject to policies within Section 23.7 - Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development throughout the Municipality shall be prohibited Planning Staff is satisfied that this application does not result in scattered residential development. b) Ribbon development along arterial roads shall be prohibited and direct access from arterial roads shall generally be restricted Planning Staff is satisfied that this application for consent does not result in ribbon development. c) Severances shall meet the requirements of the Region of Durham and applicable provincial agencies, regarding the provision of sewage disposal and water services, and may include entering into an agreement with the Region of Durham Not applicable. d) Severances shall only be given when land fronts on an open and maintained public road. Notwithstanding, a landlocked parcel related to a land assembly for future development in conformity to this Plan may be created The retained and severed lands have frontage along a Regional Highway. The subject consent does not result in the creation of a landlocked parcel of land. Municipality of Clarington Committee of Adjustment Page 8 B-2025-0001 e) The size of any parcel of land created by severance should be appropriate for the use proposed in keeping with the character of the surrounding neighbourhood and no parcel should be created which does not conform to the provisions of this Plan and the implementing Zoning By-law Not applicable. f) Severances shall not be granted for land adjacent to a road from which access is to be obtained if a traffic hazard would be created because of limited sight lines on curves or grades Clarington’s Development Engineering department is satisfied that this proposed temporary service vehicle turnaround easement does not create a traffic hazard (see Attachment 1). g) Severances to be granted shall be conditional upon the applicant meeting all requirements of the Municipality, financial and otherwise, and may include an agreement being entered into with the Municipality This application to facilitate the temporary service vehicle turnaround easement is subject to the fulfillment of Municipal conditions – (See page 11 of this report) h) The Municipality is satisfied that a plan of subdivision is not required. Generally, 3 lots are considered the maximum number of new lots that may be created by severances from a parcel of land Not applicable. i) Where a property has more than one land use designation, a land severance along the boundary of two different designations is permissible provided the severance does not contravene any applicable policies of this Plan Not Applicable – the subject lands are entirely designated Regional Corridor within the Clarington Official Plan. Municipality of Clarington Committee of Adjustment Page 9 B-2025-0001 j) In the Agricultural and Rural designations, any severance applications for agricultural, farm-related uses, and farm-related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 Not applicable. k) The severance shall be in compliance with the provisions of any site plan, subdivision or any other development agreements registered against the title of the subject lands Not applicable. 5.4 For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposal conforms to the severance policies under Section 23.7 a) – k) in the Clarington Official Plan. 6. Zoning By-Law 84-63 6.1 The subject property is zoned Holding Residential Mixed Use Exception ((H) MU2 - 1)) and Holding Residential Mixed Use ((H) MU2)(S:4/6)) within Zoning By-law 84- 63. 6.2 Zones preceded by the (H) Holding symbol shall be removed upon the execution of a Section 41 (7) Site Plan Agreement securing conditions of approval in respect of servicing and access matters as well as any associated financial requirements. 6.3 It is staff’s opinion that the proposed use of the subject lands is permitted under Clarington’s Zoning By-law 84-63. 7. Recommendation 7.1 Should the Committee deem it appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Requirements: Section 1: General 1. That the applicant satisfies all the requirements of the Municipality of Clarington’s Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated February 10, 2025. Municipality of Clarington Committee of Adjustment Page 10 B-2025-0001 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham Community Growth and Economic Development, financial and otherwise as detailed in the letter dated February 19, 2025. 3. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration. Registration of this Reference Plan is done by the owner, applicant, or agent’s surveyor at the expense of the owner/applicant or agent. 4. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 5. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 6. That the applicant shall ensure that the proposed easement/right-of-way complies with all appliable provisions of Zoning By-law 84-63 and Municipality of Clarington Design Guidelines and Standard Drawings. Advisory Notes 1. It is the owner, applicant/and or agent’s responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Municipality of Clarington Committee of Adjustment Page 11 B-2025-0001 Prepared by: Shrija Vora Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Shrija Vora, Planner, (905) 623-3379 x2436 or svora@clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Andrew Vrana on behalf of SHS Consulting Shahid Khan on behalf of Muslim Welfare Centre of Toronto MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Consent to register an easement agreement to facilitate a planned emergency services vehicle turnaround on the severed parcel created by application B2024- 0031, in favour of the LTC facility on the retained parcel. This application is associated with approved Consent Application B2024-0031 and submitted a Site Plan Application (SPA2024-0037) Development Engineering has reviewed the above-noted application and has no objections to the proposal. If you have any questions regarding the above-noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/J.A. To: Shrija Vora, Planner II From: Karen Richardson, Manager of Development Engineering Date: February 10, 2025 Subject: Land Division Application B-2025-0001 File: Applicant: Andrew Vrana, Senior Planner, SHS Consulting on behalf of MWC. Address: 1589-1603 Highway 2, Courtice Lot 31&32 Concession 2, Former Township of Darlington1 Attachment 1 If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. The Regional Municipality of Durham Planning and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Email: planning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PLE Commissioner of Planning and Economic Development February 19, 2025 Tyler Robichaud Acting Secretary/Treasurer Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 Dear Tyler: Re: Application for Consent B2025-0001 Durham Ref.: LD 016-2025 Applicant: Muslim Welfare Centre of Toronto Location: 1589 – 1603 Highway 2, Courtice Municipality: Clarington Hearing Date: February 27, 2025 RECOMMENDATION: That application B2025-0001 be approved. PURPOSE The purpose of this application is to convey a 6,174 square metre access easement in favour of the property to the east, retaining a 11,476 square metre residential parcel of land. CONFORMITY WITH THE REGIONAL OFFICIAL PLAN (ENVISION DURHAM), PROVINCIAL PLANNING STATEMENT, AND DELEGATED PROVINCIAL PLAN REVIEW RESPONSIBILITIES Please be advised effective January 1, 2025, the Region became an upper-tier municipality without planning responsibilities. As such, comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region’s delegated provincial plan review responsibilities fall under the purview of the respective area municipality. Attachment 2 LD 016/2025 -2- AGENCY COMMENTS Regional Works Department In its commenting letter, dated February 14, 2025, The Region of Durham Works Department has indicated that it has no objection or conditions to be imposed on the approval of the above noted consent application. CONCLUSION The application will facilitate a planned emergency services vehicle turnaround. As such, the Region of Durham Planning Division recommends approval of this application, subject to the applicant has no objection or conditions associated with the approval of this application. Yours truly, David Perkins David Perkins Project Planner If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753. 2 The Regional Municipality of Durham Works Department 605 Rossland Rd. E. PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-2051 E-mail: works@durham.ca www.durham.ca February 14, 2025 Community Growth and Economic Development Regional Municipality of Durham 605 Rossland Road East, 4th Floor P.O. Box 623 Whitby, ON L1N 6A3 Sent via Planit Attention: Lino Trombino Re: LD 016/2025 (B2025-0001) Muslim Welfare Centre of Toronto Agent: SHS Consulting 1589-1603 Highway 2 Part of Lots 31 & 32, Conc. 2 Municipality of Clarington Please be advised that our department has no objection or conditions to be imposed upon the consent to permit a 6,174 square metre access easement in favour of the property to the east, retaining a 11,476 square metre residential parcel of land. In the event you have any questions, please contact the undersigned. Yours truly, Grant Young, C.E.T. Development Approvals Technician grant.young@durham.ca 905 668 7711 extension 2479 Attachment 3 Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted A2024-0058 & A2024-0059 119 Liberty Street South, Bowmanville Clarington Building Division No concerns subject to submitting a building permit application for the proposal Clarington Development Engineering Division No concerns. See Attachment 1 for comments Clarington Fire and Emergency Services Department No concerns Municipality of Clarington Committee of Adjustment Page 2 A2024-0058 & A2024-0059 Date of Meeting: February 27, 2025 File Number: A2024-0058 & A2024-0059 Address: 119 Liberty Street South, Bowmanville Report Subject: A minor variance application to reduce the minimum lot frontage from 15 metres to 12.34 metres on the severed lot and to reduce the minimum lot frontage from 15 metres to 12.35 metres on the retained lot in the associated consent application (B-2024-0041). Recommendations: 1. That the Report for Minor Variance A2024-0058 and A2024-0059 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 1.1. That applications A2024-0058 and A2024-0059 for a Minor Variance to section 12.2 b. i) of Zoning By-law 84-63 to reduce the minimum lot frontage from 15 metres to 12.34 metres on the severed lot and to reduce the minimum lot frontage from 15 metres to 12.35 metres on the retained lot in the associated consent application (B-2024-0041) be approved as it maintains the general intent and purpose of the Clarington Official Plan and the Zoning By-law, is desirable for the appropriate development or use of the land and is minor in nature. 1.2. That all interested parties listed in this report be forwarded a copy of Committee’s decision. Municipality of Clarington Committee of Adjustment Page 3 A2024-0058 & A2024-0059 1. Application Details 1.1 Owner/Applicant: Jasbeer Johal 1.2 Agent: Jasbeer Johal 1.3 Proposal: A minor variance application to reduce the minimum lot frontage from 15 metres to 12.34 metres on the severed lot and to reduce the minimum lot frontage from 15 metres to 12.35 metres on the retained lot in the associated consent application (B- 2024-0041). 1.4 Area of lot: 1246.2 square metres 1.5 Location: 119 Liberty Street South, Bowmanville 1.6 Zoning: Urban Residential Type One (R1) 1.7 Clarington Official Plan Designation: Urban Residential Area 1.8 Heritage Status: N/A 1.9 Water Supply: Municipal Servicing 1.10 Sewage Disposal: Municipal Servicing Municipality of Clarington Committee of Adjustment Page 4 A2024-0058 & A2024-0059 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment Page 5 A2024-0058 & A2024-0059 2. Background 2.1 On December 10th, 2024, the Planning and Infrastructure Services Department received an application for a minor variance at 119 Liberty Street South, with an associated Consent Application B-2024-0041. 2.2 There are two minor variances that are required to facilitate the lot creation proposed in Consent Application B-2024-0041. The variances are for the severed lot (Minor Variance Application A2024-0058) to reduce the minimum lot frontage from 15 metres to 12.34 metres and the retained lot (Minor Variance Application A2024-0059) to reduce the minimum lot frontage from 15 metres to 12.35 metres. 2.3 On January 23, 2025, the Committee of Adjustment granted provisional consent approval to application B-2024-0041. However, the associated minor variance applications A2024-0058 and A2024-0059 were tabled for 60 days to address concerns regarding the 5 metres road widening and its impact on the provisionally approved lots. Staff have reviewed the revised draft reference plan submitted after the meeting and have no concerns with any further zoning deficiencies at this time (See Attachment 2). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 119 Liberty Street South in Bowmanville, located on the east side of Liberty Street South, north of Parkway Avenue (See Figure 1). 3.2 Both the severed and retained lot areas are approximately 1122.8 square metres (excluding the 5 meter road widening) in size and have approximately 12 metres of frontage on Liberty Street South with approximate depths of 50 metres. 3.3 The surrounding land uses are as follows: • North – Existing residential • South - Existing residential • East - Existing residential • West – Bowmanville Memorial Park Club House 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, a public notice was mailed again to each landowner within 60 meters of the subject lands. Municipality of Clarington Committee of Adjustment Page 6 A2024-0058 & A2024-0059 4.2 Staff have received comments in opposition to the Minor Variance Applications. A nearby resident expressed concerns about the potential loss of the existing single detached dwelling and garage on the property due to its historical significance within the neighborhood. The concerns also included traffic safety issues on Liberty Street South, possible disturbances from dust and noise from construction, loss of privacy, the property's poor maintenance, and the need for a property boundary survey, as the resident questioned the survey provided by the owner. 5. Discussion Maintain the intent and purpose of the Clarington Official Plan 5.1 119 Liberty Street South is designated “Urban Residential Area” in the Clarington Official Plan. The proposed variances maintain the existing residential use of the property and are in keeping with the intent of the urban residential land use designation by maintaining a suitable urban residential sized lot and dwelling type that is consistent with the parcel fabric in the established neighbourhood. 5.2 For the above stated reasons, it is staff’s opinion that the minor variance requested maintains the intent and purpose of the Clarington Official Plan. Maintain the intent and purpose of Zoning by-law 84-63 5.3 The intent and purpose of frontage is to ensure that there is sufficient area to situate a dwelling with appropriate setbacks from abutting properties while also creating a consistent neighbourhood character. 5.4 The proposed reduction in lot frontage from 15 metres to 12.34 metres on the severed lot and reduction in lot frontage from 15 metres to 12.35 metres on the retained lot can still accommodate appropriate access and setbacks. Staff do not anticipate that the reduced frontage will have adverse impacts to the residents, streetscape, or the surrounding neighbourhood. 5.5 For the above stated reasons, it is staff’s opinion that the minor variance requested conforms with the intent and purpose of Zoning by-law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.6 The appropriate use of the land at 119 Liberty Street South is residential. The reduction in lot frontage from 15 metres to 12.34 metres for the severed parcel and reduction in lot frontage from 15 metres to 12.35 metres for the retained parcel is appropriate for development as it facilitates the gentle intensification while maintaining appropriate access and setbacks. 5.7 Intensification through infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing. Municipality of Clarington Committee of Adjustment Page 7 A2024-0058 & A2024-0059 5.8 For the above stated reasons, it is staff’s opinion that the minor variance requested is desirable for the appropriate development or use of the land, building or structure. Minor in Nature 5.9 In considering whether the relief sought to Zoning by-law 84-63 is minor; Staff note that this test is not simply a question of numbers. The principal consideration is that of the potential impact the variances may have on the surrounding neighbourhood, and whether that impact is minor in nature. 5.10 Given that the proposed frontage can accommodate all necessary access and parking, and landscaped open space, Staff do not anticipate negative impacts to the streetscape or neighbourhood. 5.11 For the above stated reasons, it is staff’s opinion that the minor variances requested are minor in nature. 6. Conclusion 6.1 Given the above comments, Staff recommend approval of the application for a minor variance to section 12.2 b. i) of Zoning By-law 84-63 to reduce the minimum lot frontage from 15 metres to 12.34 metres on the severed lot and to reduce the minimum lot frontage from 15 metres to 12.35 metres on the retained lot in the associated consent application (B-2024-0041), as it maintains the general intent and purpose of the Clarington Zoning By-law and Official Plan, is desirable for the appropriate development or use of the land and is minor in nature. Submitted by: Akibul Hoque Acting Secretary / Treasurer Committee of Adjustment Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, 905-623-3379 ext. 2418 or Ah06@clarington.net Attachments: Attachment 1 – Development Engineering Comments Attachment 2 – Draft Reference Plan Municipality of Clarington Committee of Adjustment Page 8 A2024-0058 & A2024-0059 Interested Parties: The following interested parties will be notified of Committee's decision: Jasbeer Johal Joyce Hunter MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The applicant requires a Minor Variance to permit to reduce the minimum lot frontage from 15 metres to 12.34 metres on the severed lot in the associated consent application (B-2024-0041). Development Engineering has reviewed the application and have no objection to this proposal subject to the following comments: General Comments Refer to the comments associated with Land Division application B2024-0041. Building Permit The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. When the applicant applies for a Building Permit with the Municipality, Planning and Infrastructure Services will require the following: Grading and Servicing Plan The applicant/owner must provide a detailed Lot Grading Plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the CAO of Planning and Infrastructure Services. The plan must be prepared by a qualified Professional Engineer or an OLS. The Grading Plan must confirm that there are no adverse effects to any neighbouring properties and all runoff is contained within the site. To: Nicklaus Gibson, Planner I From: Karen Richardson, Manager of Development Engineering Date: January 10, 2025 Subject: Minor Variance Application A2024-0058 File: Applicant: Jasbeer Johal Address: 119 Liberty Street South (Severed), Bowmanville Part Lot 10, Concession 1, Former Township of Bowmanville Attachment 1 A2024-0058 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 2 If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA cc: N X X X XXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXX X X X X X XX X X X XXXX X X X X LIBERTY STREET SOUTH (ROAD ALLOWANCE BETWEEN LOTS 10 AND 11, CONCESSION 1) PIN 26636-0001 (LT) PIN 26636 -0011 (LT) (KNOWN AS) PART 1, PLAN 40R-14629 PIN 26636-0010 (LT) LOT 14 LOT 13 L O T 1 2 PIN 26636-0012 (LT) PART 1, PLAN 40R-14765 LOT 15 LOT 11 BLOCK P, C. G. HANNING'S PLAN LOT 4 LOT 3 REGISTERED PLAN 652 LOT 2 PIN 26636-0039 (LT)PIN 26636-0040 (LT)PIN 26636-0041 (LT) LOT 1 S U B J E C T T O E A S E M E N T A S I N I N S T .N o . N 9 7 4 1 N19Ā19'20"W 45.47N19Ā14'00"W (P1&MEAS) (P1&MEAS)50.47 (P1&MEAS)50.50 (P1&MEAS)PARKWAY AVENUEIB (1106) SIB (1106) IB (1414) 20.12 (P1&MEAS) 53.77 (P1&MEAS) SSIB (1414) 0.23W IB (1414) SIB (547) (P1&MEAS) 24.69 (P1&MEAS) 34.29 (P1&MEAS) 5.3119.38 N69Ā57'40"EN69Ā57'40"EWI RE F E N CE CH A IN LINK F E NCE CHAIN LINK FENCEPICKEL FENCE PI C K E L F E N C E BOA R D FENCE BOARD FENCE CH A I N L I N K F E N C E CHAIN LINK FENCE WF 0.37W N/S ONLINE PF 0.14W WF 0.19W X X CLF 0.12W CLF 0.14W CLF 0.24WX CLF 0.22W BF 0.18E N/S ONLINE IB (OU) BF 0.10N W/E ONLINE CLF 0.16W N/S ONLINE CLF 0.07S CLF 0.05S CLF 0.29S WF 0.25N WF 0.12N WF ONLINE 1.08 (P1&MEAS)(P1&MEAS)NORTHWESTERLY CORNER OF LOT 13, BLOCK P C.G. HANNING'S PLAN IB (1414) LOT 10 BLOCK Q A BN69Ā57'40"E45.4812.34 12.35 12.34 12.35 PART 1 PART 2 PART 350.485.00 SIB (1414)5.005.0045.5024.69 24.69 N19Ā14'00"W Y. ZHANG SURVEYING LIMITED ONTARIO LAND SURVEYORS DRAWING FILE: JOB NUMBER: 24-090 RPLAN FIELD: PX/SUE CAD: YZ CHECKED by: Yifan Z. www.yzsurveying.com AREA (m²)PART LOT PLAN PIN SCHEDULE PART OF LOT 13 BLOCK P, C.G. HANNING'S PLAN ALL OF PIN 26636-0011 (LT) 1 2 561.3 SURVEYOR'S CERTIFICATE I CERTIFY THAT, THIS PLAN OF SURVEY RELATES TO AOLS PLAN SUBMISSION FORM NUMBER V-58XXX. 2. THE SURVEY WAS COMPLETED ON THE XXth DAY OF XXXX, 2024. DATE YIFAN ZHANG ONTARIO LAND SURVEYOR 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT, THE LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM. XXXX XXth, 2024 G:\Shared drives\ProVision Jobs\Job Folders\24-090 119 Liberty Street South Bowmanville\CAD\24-090 Rplan.dwg DATE:January 27, 2025 LOT 13 AND PART OF LOT 12 C. G. HANNING'S PLAN MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM C 2024 Y. ZHANG SURVEYING LIMITED DISTANCES BEARINGS POINT ID ORP A ORP B NORTHING (m)EASTING (m) 4 863 839.33 4 863 746.30 686 526.77 686 559.23 0 SCALE 1:200 4 8 12 16m METRIC DISTANCES AND COORDINATES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. HEREON ARE GROUND AND CAN BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.99990. HEREON ARE GRID AND DERIVED FROM OBSERVED REFERENCE POINTS A AND B, BY REAL TIME NETWORK(RTN) OBSERVATIONS, UTM ZONE 17, NAD83 (CSRS)(2010.0). THE INTENDED PLOT SIZE OF THIS PLAN IS 864mm IN WIDTH BY 559mm IN HEIGHT WHEN PLOTTED AT A SCALE OF 1:200. OBSERVED REFERENCE POINTS (ORPs): UTM ZONE 17, NAD83(CSRS)(2010.0) COORDINATES ARE TO URBAN ACCURACY PER SECTION 14(2) OF O.REG. 216/10 COORDINATES CANNOT, IN THEMSELVES, BE USED TO RE-ESTABLISH THE CORNERS OR BOUNDARIES SHOWN ON THIS PLAN. FOR BEARING COMPARISONS, A ROTATION OF 1Ā36'20" COUNTER-CLOCKWISE WAS APPLIED TO BEARINGS ON P1 TO CONVERT TO GRID BEARINGS. PLAN OF SURVEY OF BLOCK P PART OF LOTS 12 AND 13 561.5 3 123.4 Attachment 2 Planning and Infrastructure Services Committee of Adjustment Minor Variance Summary of Comments Submitted A-2025-0002 47 Liberty Street South, Bowmanville Municipal Departments / External Agencies Comment Clarington Building Division No concerns Clarington Development Engineering Division No concerns Clarington Community Planning – Heritage No concerns Clarington Fire and Emergency Services Department No concerns Durham Regional Works Department No concerns Community Growth and Economic Development Department No concerns Municipality of Clarington Committee of Adjustment A2025-0002 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 27, 2025 File Number: A2025-0002 Address: 47 Liberty St South, Bowmanville Report Subject: A minor variance application to facilitate the Bowmanville Hospital Expansion (SPA2024-0040). The application proposes to: a. Reduce the exterior side yard setback from 6 metres (from proposed road widening) to 0.0 metres along Queen Street; b. Increase the maximum height from 6 storeys to 6 storeys and 2 penthouse storeys (44.0 metres); c. Increase the maximum height for accessory structures from 4.5 metres to 9 metres to legalize and preserve the existing heritage structure (the Lambert House); d. To permit the relocation of an existing structure (the Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty Street; e. Permit loading spaces in the exterior side yard along Queen Street; f. Reduce aisle leading to loading spaces from 6.0m to 1.98m; and g. Increase maximum accessory floor area from 60 square metres to 515 square metres to legalize and preserve an existing heritage structure (the Lambert House). Recommendations: 1. That the Report for Minor Variance Application A2025-0002 be received; 2. That all written comments and verbal submissions are considered in the deliberation of this application; 3. That application A2025-0002, for a Minor Variances to Sections 3.1.c, 3.12 and 15A.2 by: 3.1. Reducing the exterior side yard setback from six metres (from the proposed road widening) to 0.0 metres along Queen Street; 3.2. Increasing the permitted maximum height from 6 storeys to 6 storeys and 2 penthouse storeys (44.0 metres); 3.3. Increasing the maximum height for accessory structures from 4.5 metres to 9 metres to legalize and preserve the existing heritage structure (the Lambert House); 3.4. Permitting the relocation of an existing structure (the Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty Street; Municipality of Clarington Committee of Adjustment A2025-0002 Page 3 3.5. Permitting loading spaces in the exterior side yard along Queen Street; 3.6. Reducing the aisle leading to loading spaces from 6.0m to 1.98m; and 3.7. Increasing maximum accessory floor area from 60 square metres to 515 square metres to legalize and preserve an existing heritage structure (the Lambert House) be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. 3.8. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A2025-0002 Page 4 1. Application Details 1.1 Owner: 1.2 Applicant: Carrie Ann Szorady - Lakeridge Health Kanchan Ghadge - Stantec Consulting Inc. 1.3 Proposal: A minor variance application to facilitate the Bowmanville Hospital Expansion (SPA2024-0040). The application proposes to: a. Reduce the exterior side yard setback from 6 metres (from proposed road widening) to 0.0 metres along Queen Street. b. Increase the maximum height from 6 storeys to 6 storeys and 2 penthouse storeys (44.0 metres) c. Increase the maximum height for accessory structures from 4.5 metres to 9 metres to legalize and preserve the existing heritage structure (the Lambert House). d. To permit the relocation of an existing structure (the Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty Street. e. Permit loading spaces in the exterior side yard along Queen Street f. Reduce aisle leading to loading spaces from 6.0m to 1.98m. g. Increase maximum accessory floor area from 60 square metres to 515 square metres to legalize and preserve an existing heritage structure (the Lambert House). 1.4 Area of Lot: 6.91 Acres 1.5 Location: 47 Liberty Street South, Bowmanville (See Figure 1) 1.6 Zoning: Major Institutional (P1) 1.7 Clarington Official Plan Designation: Urban Centre 1.8 Secondary Plan Designation: “Institutional” within Bowmanville East Urban Centre 1.9 Heritage Status: The Lambert House is “On Register” 1.10 Water, Sewage and Storm Servicing: Municipal Municipality of Clarington Committee of Adjustment A2025-0002 Page 5 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2025-0002 Page 6 2. Background 2.1 The applicant is seeking site plan approval for the Bowmanville Hospital Expansion (SPA2024-0040). Through the application process, seven specific zoning deficiencies have been identified. 2.2 On January 16, 2025, Planning Staff received an application for minor variance from the owner of 47 Liberty Street South, Bowmanville. The minor variance application proposes to: a) Reduce the exterior side yard setback from 6 metres (from proposed road widening) to 0.0 metres along Queen Street; b) Increase the maximum height from 6 storeys to 6 storeys and 2 penthouse storeys (44.0 metres); c) Increase the maximum height for accessory structures from 4.5 metres to 9 metres to legalize and preserve the existing heritage structure (the Lambert House); d) To permit the relocation of an existing structure (the Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty Street; e) Permit loading spaces in the exterior side yard along Queen Street; f) Reduce aisle leading to loading spaces from 6.0m to 1.98m; and g) Increase maximum accessory floor area from 60 square metres to 515 square metres to legalize and preserve an existing heritage structure (the Lambert House). (See Attachment 1). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located east on Liberty Street between Queen Street and Prince Street (See Figure 1). The property’s lot area is approximately 6.91 acres. 3.2 The surrounding uses are as follows: a. South – existing single detached dwellings b. North- existing commercial buildings and single detached dwellings c. East – existing commercial buildings, single detached dwellings and low rise apartment buildings d. West – existing single detached dwellings Municipality of Clarington Committee of Adjustment A2025-0002 Page 7 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, staff received one inquiry asking for further information on this application. 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated Urban Centre within Clarington’s Official Plan. The subject property is designated Institutional within the Bowmanville East Urban Centre Secondary Plan. 5.2 It is staff’s opinion that the proposal conforms to the intent and purpose of the Official Plan and Secondary Plan. Maintain the general intent and purpose of the Zoning By-law 5.3 The subject property is zoned Major Institutional (P1) within Zoning By-Law 84-63. 5.4 The P1 zone requires an exterior yard setback of 6 metres. The requested variance for the exterior side yard proposes to reduce the exterior side yard setback to 0.0 metres from the proposed road widening along Queen Street. The intent and purpose of the exterior side yard setback is to ensure there is adequate separation between buildings and the road. Development Engineering Division staff have no objections to this minor variance. It is staff’s opinion that the proposed reduced exterior yard setback would not negatively impact the streetscape. 5.5 The P1 zone permits a maximum height of six storeys. The requested variance proposes to increase the maximum height to six storeys and two penthouse storeys (44.0 metres). The intent and purpose of the height restriction is to ensure conformity within the neighborhood. It is staff’s opinion that increasing the maximum height would not negatively impact the streetscape or adversely affect neighboring properties. Municipality of Clarington Committee of Adjustment A2025-0002 Page 8 5.6 The P1 zone and Section 3.1c permit a maximum height of 4.5 metres for accessory structures with a floor area greater than 10 square metres. The requested variance proposes to increase the maximum height for accessory structures to 9 metres to legalize and preserve the existing heritage structure (the Lambert House). The intent and purpose of the height restriction is to ensure accessory structures do not exceed the height of the primary use on the property and that accessory structures maintain a secondary use to the primary use. In this case the accessory structure is an existing heritage structure (the Lambert House). The purpose of this variance is to preserve the existing heritage structure and not alter it. The height would not exceed the height of the hospital, and the accessory structure would be secondary to the primary use. It is staff’s opinion that increasing the maximum height for accessory structures would maintain the intent of the maximum height for accessory structures provisions, and it would not negatively impact the character of the neighborhood or streetscape. 5.7 The P1 zone and Section 3.1c do not permit accessory structures in the front yard. The requested variance proposes to permit the relocation of an existing structure (the Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty Street. The intent and purpose of prohibiting accessory structures in the front yard is to maintain the character and streetscape of the neighborhood of the neighborhood. It is also to ensure that accessory structures maintain a secondary use to the primary use. In this case the accessory structure is an existing heritage structure (the Lambert House). The purpose of this variance is to preserve the existing heritage structure by relocating it. It is staff’s opinion that relocating the heritage structure to the front yard along Liberty Street would not negatively impact the character of the neighborhood or streetscape. 5.8 Section 3.12 does not permit loading spaces in the exterior side yard. The requested variance proposes to permit loading spaces in the exterior side yard along Queen Street. The intent and purpose of not permitting loading spaces in the exterior side yard is to prevent any disturbance to the neighborhood by having loading spaces in the rear yard. It is staff’s opinion that permitting the loading spaces in the exterior side yard will not disturb the neighborhood and the loading spaces will still be out of sight from the main road (Liberty Street). 5.9 Section 3.12 requires an aisle of 6.0m leading to loading spaces. The requested variance proposes to reduce the aisle leading to loading spaces to 1.98m. The purpose and intent of the aisle width requirement is to ensure vehicles have adequate room leading to the loading spaces. It is staff’s opinion that the intent of the provision will be maintained, and that the aisle will not be reduced to the point that the loading spaces will become inaccessible. Municipality of Clarington Committee of Adjustment A2025-0002 Page 9 5.10 The P1 zone and Section 3.1c permit a maximum accessory floor area of 60 metres. The requested variance proposes to increase the maximum accessory floor area to 515 square metres to legalize and preserve an existing heritage structure (the Lambert House). The intent and purpose of the maximum accessory floor area is to ensure that accessory structures remain accessory to the primary use on the property. In this case the accessory structure is an existing heritage structure (the Lambert House). The purpose of this variance is to preserve the existing heritage structure and not alter it. It is staff’s opinion that increasing the maximum accessory floor area would maintain the intent of the provision. 5.11 For the above stated reasons, it is Staff’s opinion that the application is in conformity with the intent and purpose of Zoning by-law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.12 The hospital is a permitted use for the subject property. The Lambert House is an existing and permitted accessory structure on the subject property. 5.13 In Staff’s opinion, the proposed variances to facilitate the Bowmanville Hospital expansion are desirable for the subject property and residents of Clarington. Minor in Nature 5.14 The proposed Bowmanville Hospital Expansion is a permitted use on the subject property The requested variances will not negatively impact that character of the neighborhood nor will it result in an adverse visual impact to the streetscape. 5.15 It is Staff’s opinion that the proposal is minor in nature as it does not significantly change the use of the land, and it is a moderate increase to the permitted provisions of the zoning by-law to allow. 6. Conclusion 6.1 Given the above comments, staff recommend approval, of the application for Minor Variances to Sections 3.1.c, 3.12 and 15A.2 to facilitate the Bowmanville Hospital Expansion (SPA2024-0040) by: a) Reducing the exterior side yard setback from 6 metres (from proposed road widening) to 0.0 metres along Queen Street; b) Increasing the maximum height from 6 storeys to 6 storeys and 2 penthouse storeys (44.0 metres); c) Increasing the maximum height for accessory structures from 4.5 metres to 9 metres to legalize and preserve the existing heritage structure (the Lambert House; d) permitting the relocation of an existing structure (the Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty Street; Municipality of Clarington Committee of Adjustment A2025-0002 Page 10 e) Permitting loading spaces in the exterior side yard along Queen Street; f) reducing the aisle leading to loading spaces from 6.0m to 1.98m; and g) Increasing the maximum accessory floor area from 60 square metres to 515 square metres to legalize and preserve an existing heritage structure (the Lambert House). The proposed minor variances maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, is desirable for the appropriate development or use of the land and is minor in nature. Submitted by: Hebah Masood Planner I Committee of Adjustment at the Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Hebah, Planner I, (905) 623-3379 x2437 or hmasood@clarington.net Attachments Attachment 1: Site Plan Interested Parties: Not applicable The following interested parties will be notified of Committee's decision: Not applicable QUEEN STREETLIBERTY STREET SLAMBERT STREET PRINCE STREET6m SETBACK LIMIT FROMROAD WIDENING6m SETBACK LIMITST. GEORGE STREET S10m SETBACK LIMIT 10m SETBACK LIMIT 6m SETBACK LIMIT10m SETBACK LIMIT±92.65±101.18±72.06±40.21±15.88±31.40±60.10±30.50±45.72±159.37±119.5110.091.503.405.754.506.006.006.005.705.752.753.503.506.006.336.007.006.0010.8623.004.004.004.004.007.0011111111112222R = 1 2 R=12R=12R=12R=15.5FRSFRSSSSSAP334555555SSSSFRSFRSFRSFRSFRSFRSFRSFRS6666666666666677777888886.376m SETBACK LIMIT FROMROAD WIDENING6m SETBACK LIMIT±105.461.37EXISTING COMMERCIALEXISTING COMMERCIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIAL113115.005.005.005.00PARKINGGARAGE(NEW BUILD)LAKERIDGE HEALTHBOWMANVILLE(NEW BUILD)EMERGENCY ENTRANCEFFE = 96.00REFER TO CIVIL PLANSAMBULANCEGARAGEMAIN ENTRANCEGROUND LEVEL FFE = 94.00REFER TO CIVIL PLANSPROPOSED 5m ROAD WIDENINGPROPOSED 4m ROAD WIDENINGLOADING AREAPASSENGER DR O P - O F FEMERGENCYSHORT-TERMPARKINGNON-URGENT PATIENT TRANSFERAMBULANCE PARKINGPOLICEPARKINGMORGUEBODYTRANSFERCOMPRESSED GASDELIVERY TRUCK SPACEAMBULANCE LAY-BYS U N K E N G A R D E N PUBLIC ENTRANCE TOUNDERGROUND PARKINGENTRANCE TOPARKING GARAGEFFE = 93.20REFER TO CIVIL PLANSSTAFF ENTRANCE TOPARKING GARAGEFFE = 94.90REFER TO CIVIL PLANS2.1m SIDEWALK2.1m SIDEWALK2.1m SIDEWALK1. 8m S I D EW A L K WELL FOR MECHANICALROOM/VENTILATION2.3m WALKWAY1.5m SIDEWALKSIDEWALK SIDEWALK ASPHALTASPHALTASPHALTASPHALTASPHALTASPHALTASPHALTDROP-OFF EXIT STAIRSRAMP DNRAMP DNRAMP DNINDIGENOUS GARDENCANOPY ABOVE RETAINING WALLRETAINING WALLFIRE ROUTE ℄FIRE ROUTE ℄FIRE ROUTE ℄PROPOSED ACOUSTICALBARRIER WALLFIRE ROUTE ℄RELOCATEDLAMBERT HOUSE(LOCATION TOBE CONFIRMED)GATEGATEGATEGATEGATEBOLLARDS (TYP) BOLLARDS (TYP )AMBULANCE LAY-BYRETAINING WALLRETAINING WALL5m x 5m SIGHTTRIANGLE5m x 5m SIGHT TRIANGLESNOW STORAGEAREA (TYP.)COMPRESSED GASTANK FARMSNOW STORAGEAREA (TYP.)GARBAGE/RECYCLING2.556.00RETAINING WALL161111141.686.006.006.005.752.755.752.755.753.405.834.605.008ASPHALTASPHALTFUTURE PARCEL3.5043333222286.9291.926.001.98TRUENORTHPROJECTNORTHThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproduction oruse for any purpose other than that authorized by Stantec is forbidden.Copyright ReservedORIGINAL SHEET - ISO A1TitleClient/ProjectClient/Project LogoLegendNum.YYYY.MM.DD1A234BCD5RevisionProject No.ScaleDrawing No.Permit- SealColour DisclaimerThis drawing has been documented in colour. This drawing is required to be printed incolour. Failure to do so may result inloss of information. Black and white printing may beused if specific black and white documents have been obtained from StantecKeyplanPRELIMINARYDescriptionThis document is suitable only for the purpose noted above.Use of this document for any other purpose is not permitted.NOT FOR CONSTRUCTIONQueen StPrince StLiberty St S Lambert St St George St S 8/16/2024 3:34:02 PM 1 : 500<Pick location in Project Information>47 Liberty St S, Bowmanville, ON L1C 2N4Ultimate ConditionSite PlanLakeridge HealthBowmanville Hospital Redevelopment140024004Stantec Consulting Ltd.100-401 Wellington Street WestToronto, ON M5V 1E7Tel: (416) 596-6686• www.stantec.comA010253487STOP BAR90° PARKING STRIPING (TYP.)6ACCESSIBLE PAVEMENT MARKING AND SIGN (RC-6 TYP.)1DEPRESSED CURB AND RAMPTRAFFIC FLOW ARROWSCONCRETE SIDEWALK Regional Official Plan (DROP) Designation - Regional CentresClarington Official Plan (COP) - Urban CentreSecondary Plan Area - Bowmanville East Urban CentreZoning By-Law 84-63 - Major Institutional (P1) zoneRegulationRequirementProvidedDesign DataComplianceLot Area (minimum)2,000m²29,727.2m² (includingroad widening - 1,444.1m²)28,283.1m² (excludingroad widening)YesYesLot Frontage (minimum)20mYesFront Yard Setback6mExterior Side Yard Setback6m amended by By-Law2015-062Interior Side Yard Setback5m, except 10m wherethe abutting lot is withinan urban residentialzone. Amended byBy-Law 2015-62Rear Yard Setback5m, except 10m wherethe abutting lot is withinan urban residentialzone.Lot Coverage (maximum)40%Landscape Open Space (minimum)30%Height of Building (maximum)6 storeys, deleted byBy-Law 2015-062Loading Space RegulationsLength - 11mWidth - 4m4Length - 7.5mWidth - 3m0ParkingParking Area RegulationsAccessible Parking Spaces4 (4m x 23m)0YesYesSITE BOUNDARYZONE SETBACK LIMITEXISTING BUILDING TO BE DEMOLISHEDFIRE ROUTEPEDESTRIAN CROSSWALKFRSFIRE ROUTE SIGNSSSTOP SIGNAPACCESSIBLE PARKING SIGNLANDSCAPED ISLAND/AREA (TYP.)119.51m² (Liberty St S)1.37m (RelocatedLambert House)No1.98m (Queen St)6.00m (Prince St)NoYes10.86mYes10.09mYesPROPOSED ROAD WIDENING38.1%36.4%Yes6 Storeys + 2 Penthouse(41.6m)Yes1Issued for Conditional SPA2024.10.11SNOW STORAGE AREA2Stage 2 MOH Final Submission2024.11.29"Respecting all work in the municipal right-of-way, the contractor is toprovide at least 48 hours prior notice to the Public Works Department staff at(905) 263-2291”.“A Road Occupancy Permit will be required for any work done in themunicipal road allowance. Excavation of the road surface is not permittedbetween December 1st and April 30th”.“All restoration or work done in the road allowance must be completed asper municipal field staff direction”.“The performance guarantee will not be refunded by the Municipality ofClarington unless the works have been inspected by municipalrepresentatives and deemed to be complete and satisfactory.Yes3For Minor Variance Application2025.01.10Attachment 1