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Report To: Planning and Development Committee
Date of Meeting: April 14, 2025 Report Number: PDS-015-25
Authored By:
Submitted By:
Reviewed By:
File Number:
Report Subject:
Jacob Circo, Planner II
Darryl Lyons, Deputy CAO, Planning and Infrastructure Services
Mary-Anne Dempster, CAO
ZBA2024-0023 Resolution#:
Zoning By-law Amendment application to facilitate a 7-unit, 3-storey
apartment building in Bowmanville.
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1.That Report PDS-015-25 and any related communication items, be received for
information only;
2.That Staff receive and consider comments from the public, review agencies, and
Council with respect to the Zoning By-law Amendment applications submitted and
continue processing the applications including the preparation of a subsequent
recommendation report; and
3.That all interested parties listed in Report PDS-015-25 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-015-25
Report Overview
The Municipality is seeking the public’s input on an application for a proposed Zoning By-law
Amendment to permit a 7-unit, 3-storey apartment building at 53 Liberty Street North in
Bowmanville.
1. Application Details
Owner: 13296415 Canada Corporation
Agent: North Lakes Developments and Construction
Proposal:
Zoning By-law Amendment (ZBA)
To rezone the subject lands from “Urban Residential Type One (R1) Zone” to a special
exception zone within the “Urban Residential Type Four (R4) Zone”.
Area: 766 square metres (0.07 hectares)
Location: 53 Liberty Street North, Bowmanville (see Figure 1)
Roll Number: 18-17-020-060-01300
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Figure 1: Location of Subject Lands
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2. Background
2.1 Staff conducted a Stage 1 pre-consultation meeting for the proposal on June 21, 2023,
with staff and relevant agencies. The applicant submitted for Stage 2 pre -consultation
(technical review) on March 11, 2024. The previous pre-consultation process followed a
two-stage approach: Stage 1 involved a preliminary review of the development
proposal, informing the applicant of the necessary Planning Act applications and the
required studies, drawings, and reports. Stage 2 focused on a technical review of the
submitted documents from Stage 1. Staff provided Stage 2 pre -consultation comments
directly to the applicant on June 7, 2024.
2.2 A consent application was submitted on October 17, 2024, to sever lands located at 53
Liberty Street North. The consent application proposes to create a new residential lot for
the construction of an apartment building on the severed parcel, while maintaining the
existing semi-detached dwelling unit on the retained parcel. Provisional approval for
consent application file number B2024-0037 was granted by the Municipality of
Clarington’s Committee of Adjustment on July 25, 2024. One of the consent approval
conditions was the requirement for a Minor Zoning By-law Amendment for the proposed
apartment building.
2.3 On October 17, 2024, Planning Staff received the subject Zoning By-law Amendment
application which seeks to support the creation of 7-unit apartment building in
Bowmanville
2.4 The rezoning application was deemed complete by staff on December 6, 2024. In
accordance with the Planning Act, an applicant can appeal a rezoning application for
non-decision 90 days after the application is deemed complete. In this case, the timeline
started the day the application was received on October 17, 2024. As a result, an
appeal could have been received since January 15, 2025. Staff continue to work with
the applicant and have brought forward the application to a public meeting to gather
input from members of the public on the development proposal .
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 53 Liberty Street North in Bowmanville, having
frontage on Liberty Street (see Figure 1).
3.2 The subject property’s additional surrounding land uses are as follows:
North: Existing residential development, which includes single detached and semi-
detached dwellings.
East: The Alan Strike Aquatic Centre, Duke of Cambridge Public School and
Bowmanville Highschool.
South: Existing residential development, which includes single detached and semi-
detached dwellings.
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West: Existing residential development, which includes single detached and semi-
detached dwellings.
4. Provincial Policy
Provincial Planning Statement (PPS 2024)
4.1 The PPS (2024) encourages planning authorities to create healthy, livable, and safe
communities by accommodating an appropriate range and mix of housing types,
including affordable housing and shall promote development patterns that efficiently use
land and infrastructure. Opportunities for redevelopment and intensification are to be
promoted where it can be accommodated.
4.2 The PPS policies direct growth to settlement areas and promote compact development
forms. The subject lands are located within the Bowmanville Urban Area. Planning
authorities are to facilitate a variety of housing forms and promote residential
intensification to achieve efficient use of land, especially along public transit and active
transportation routes. The rezoning application will support gentle intensification of an
existing parcel of land within a built-up area of the Municipality.
4.3 The proposal conforms to the PPS 2024
5. Official Plan
Durham Region Official Plan (Envision Durham)
5.1 On September 3, 2024, the Minister of Municipal Affairs and Housing approved Envision
Durham, which is the new Regional Official Plan, with modifications. The Durham
Region Official Plan (Envision Durham) designates the subject lands as “Community
Areas”. The subject lands are located within the Urban and Built Boundary (Schedule ‘A’
– Map ‘A5’).
5.2 Envision Durham provides a long-term policy framework that is used to manage Durham
Region’s growth and development. The intent of Envision Durham is to manage
resources, direct growth and establish a basis for providing Regional services in an
efficient and effective manner.
5.3 On Community Areas are to be planned for a variety of housing types, sizes, and
tenures, including townhouses and apartments within connected neighbourhoods.
These areas can also include population-serving uses and shall be developed in a
compact form through higher densities and by intensifying and redeveloping existing
areas.
5.4 The proposal conforms to Envision Durham.
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Report PDS-015-25
Municipality of Clarington Official Plan
5.5 Clarington’s Urban Structure and local corridors are outlined on Map B, which includes
Built-up Areas, Greenfield Areas, and Priority Intensification Areas. Development will be
concentrated within the defined Built-up Areas and Priority Intensification Areas. These
Priority Intensification Areas are designated as the key locations for accommodating
growth, offering a mix of uses, heights, and densities. The subject lands are situated
within the built-up area of Bowmanville, with Liberty Street North designated as a local
corridor on Map B of the Clarington Official Plan. Local corridors are intended to support
intensification, mixed-use development, and development that is pedestrian and transit -
friendly. Local corridors are a part of the Priority Intensification Areas and require
buildings with a minimum of 2 stories and a maximum of 6 stories, with apartments
being a permitted use.
5.6 The subject property is entirely designated “Urban Residential” within the Clarington
Official Plan. The “Urban Residential” designation is predominantly intended to provide
for a variety of housing densities, tenures, and types in neighbourhoods for all incomes,
ages, and lifestyles.
5.7 The proposal conforms with the policies of the Clarington Official Plan.
6. Zoning By-law 84-63
6.1 The property is zoned “Urban Residential Type One (R1) Zone” within Zoning By-law
84-63. Apartments are not a permitted use within this zone, as such, a Zoning By-Law
Amendment is required. The applicants have proposed a special exception zone within
the “Urban Residential Type Four (R4) Zone” to permit an apartment building on the
subject lands.
6.2 Finalization of appropriate zone uses and provisions will be determined after all public
and agency comments have been received and will be brought forward in a subsequent
recommendation. A Hold symbol will be implemented as part of the rezoning to ensure
the policies of the Official Plan have been fulfilled.
7. Summary of Background Studies
7.1 The applicant has submitted the required supporting plans and studies which have been
circulated to departments and agencies for review and comment. The list of studies and
drawings are on the development application webpage at
www.clarington.net/53LibertySt and are also available upon request. A summary of the
submitted reports and studies will be provided in a future recommendation report.
Municipality of Clarington Page 7
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8. Public Notice and Submissions
8.1 Public Notice was mailed to 58 households within 120 metres of the subject lands on
March 25, 2025. Two public meeting signs was installed on the subject lands, that one
sign along Liberty Street North and the other along Redfern Crescent . Details of the
proposed application were also posted on the Municipality’s website
(www.clarington.net/53LibertySt), and in the Clarington Connected e-newsletter.
8.2 At the time of writing this report, Staff have not received any comments from the public.
Staff will continue to process any public inquiries received. Comments received at the
Statutory Public Meeting will also be considered and included in the recommendation
report.
9. Departmental and Agency Comments
9.1 The applications were circulated to internal departments and external agencies for
review and comments. At the time of writing this report, staff have not received all of the
agency and department comments. A list and summary of the agency and internal
department comments received, as well as all public comments received, will be
included in a subsequent recommendation report.
10. Discussion
10.1 The proposed residential development is located within the Bowmanville Urban Area
and the proposed residential uses represent a form of development encouraged for the
most part by Provincial, Regional, and Municipal policies.
Urban Design
10.2 The Clarington Official Plan contains policies and guidelines for developments within the
“Urban Residential” designation that will need to be considered when reviewing the
application, such as built form, relationship of buildings to the street, impacts on the
public realm, and the interface to existing/proposed uses. Careful attention and
consideration of these policies will enhance the development while being respectful to
the existing built form and the surrounding community.
10.3 Further discussion on the appropriateness of the proposed built form, heights, densities,
general site layout will be addressed through a subsequent recommendation report.
11. Financial Considerations
11.1 Not applicable, as this is a Public Meeting report to gather public input and the analysis
of the proposal, and the reports are being reviewed by the different agencies. Any
financial implications of this project will be addressed in a recommendation report.
Municipality of Clarington Page 8
Report PDS-015-25
12. Strategic Plan
12.1 The proposed development will be reviewed against the three pillars of the Clarington
Strategic Plan 2024-27. Staff will give special attention to the priorities of growing
resilient, sustainable, and complete communities and connecting residents through the
design of safe, diverse, inclusive, and vibrant communities. An analysis of the proposed
development’s interaction with the specific priorities of the Strategic Plan will be
included in the future recommendation report.
13. Climate Change
13.1 The application, including submitted reports are being reviewed by staff and circulated
agencies. Analysis of the proposal, including the impacts on climate change will be
discussed in a subsequent recommendation report.
14. Concurrence
14.1 Not Applicable.
15. Conclusion
15.1 The purpose of this report is to provide background information and obtain comments
on the submitted application for the Zoning By-law Amendment to permit a 7-unit, 3-
storey apartment building at the Statutory Public Meeting under the Planning Act. Staff
will continue to review and process the applications, including consideration of
department, agency and public feedback and will prepare a subsequent
recommendation report for Council’s consideration.
Staff Contact: Jacob Circo, Planner II, 905-623-3379 ext. 2425 or jcirco@clarington.net or
Amanda Tapp, Manager of Development Review, 905 -623-3379 ext. 2427 or
atapp@clarington.net.
Attachments:
Attachment 1 – Draft Zoning By-law Amendment
Interested Parties:
List of Interested Parties available from the Department.
PLANNING JUSTIFICATION REPORT – 53 Liberty Street North, Bowmanville FEBRUARY 2024
D.G. BIDDLE AND ASSOCIATES 26
Appendix “B” – Draft Zoning By-law Amendment
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2024/XX
Being a By-law Under the Provisions of Section 34 of the Planning Act, R.S.O., 1990,
c.P.13, as Amended, to Amend Zoning By-law 84-63, as Amended, of the Corporation
of the Municipality of Clarington, for lands described as Part of Lot 10, Concession 1, in
the Municipality of Clarington, Region of Durham, municipally known as 53 Liberty
Street North.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2024-XXXX;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1.Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) Zone” is
amended by adding Special Exception Zone 15.4.XX as follows:
“15.4.XX Urban Residential Type Four Exception (R4-XX) Zone”
2.Notwithstanding Sections 15.2 a residential use zoned R4-XX on the Schedule to
this By-Law shall be subject to the following regulations:
a.Density (maximum)95 units/hectare
b.Lot Frontage (minimum)14.5 metres
c.Yard Requirements (minimum)
i)Front Yard 5 metres
ii)Interior Side Yard 3.5 metres on one side, 1.2 metres on other side
iii)Rear Yard 7.5 metres
d.Dwelling Unit Area (minimum)
i)Bachelor Dwelling Unit 40 sq m
ii)One Bedroom Dwelling Unit 55 sq m
iii)Two Bedroom Dwelling Unit 70 sq m
iv)Dwelling Unit Containing Three or more bedrooms 80 sq m plus 7 DRAFT
PLANNING JUSTIFICATION REPORT – 53 Liberty Street North, Bowmanville FEBRUARY 2024
D.G. BIDDLE AND ASSOCIATES 27
square meters for
each bedroom in
excess of three
e.Lot Coverage (maximum)40%
f.Landscaped Open Space (minimum)24%
g.Building Height (maximum)12m
3. Notwithstanding Section 3.12 “Loading Space Regulations” the subject lands zoned
R4-XX on the Schedule to this By-Law shall be subject to the following regulations:
c. Apartment Building – 1 to 90 units 0
4. Notwithstanding Section 3.16 “Parking Area Regulations” the subject lands zoned R-
4-XX on the Schedule to this By-Law shall be subject to the following regulations:
d. Each aisle shall be a minimum width of 4.8m for a two -way traffic.
5.Schedule ‘3E’ to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Urban Residential Type One ‘R1’ Zone" to " Urban Residential Type Four
Exception ‘R4-XX’ Zone"
as illustrated on the attached Schedule ‘A’ hereto.
6.Schedule ‘A’ attached hereto shall form part of this By -law.
7.This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 202 4
__________________________
Adrian Foster, Mayor DRAFT
PLANNING JUSTIFICATION REPORT – 53 Liberty Street North, Bowmanville FEBRUARY 2024
D.G. BIDDLE AND ASSOCIATES 28
__________________________
June Gallagher, Municipal Clerk DRAFT
PLANNING JUSTIFICATION REPORT – 53 Liberty Street North, Bowmanville FEBRUARY 2024
D.G. BIDDLE AND ASSOCIATES 29
Schedule “3E” to By-law XX/2023
Zoning Change From “R1” to “R4-X”
Clarington – ZBA 2024-XXXX – Schedule 3E
From: Urban Residential Type One ‘R1’ Zone
To: Urban Residential Type Four Exception XX ‘R4-XX’ Zone
Schedule “3E” to By-law XX/2024
The Corporation of the
Municipality of Clarington
40 Temperance Street,
Bowmanville, ON L1C 3A6
READ A FIRST, SECOND and THIRD time
and finally PASSED on the __the day of
______________, 2024.
MAYOR:___________________________
CLERK:____________________________ DRAFT