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HomeMy WebLinkAbout2025-11-10 Planning and Development Committee Post-MeetingAgenda Date:November 10, 2025 Time:5:00 p.m. Location:Council Chambers or Electronic Participation Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Laura Preston, Temporary Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpreston@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Collection, Use and Disclosure of Personal Information: If you make a delegation, or presentation, at a Committee or Council meeting, the Municipality will be recording you and will make the recording public on the Municipality’s website, www.clarington.net/calendar. Written and oral submissions which include home addresses, phone numbers, and email addresses become part of the public record. If you have any questions about the collection of information, please contact the Municipal Clerk. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Wednesday after 12:00 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.Declaration of Interest 4.Announcements 5.Presentations/Delegations 5.1 Delegation by Michael Fry, D.G. Biddle and Associates Limited and Anthony Camposeo, Trademark Homes, Regarding a Request for Permission to Vary from Development Standards to Allow for Private Waste Collection 4 6.Consent Agenda 6.1 PDS-058-25 - Zoning By-law Amendment Application to Permit 19 Lots for Detached Dwellings in Newtonville 9 7.Items for Separate Discussion 8.New Business 9.Public Meetings (6:30 p.m.) 9.1 Public Meeting for an Official Plan Amendment and Zoning By-law Amendment 28 Applicant: MHBC Planning Urban Design & Landscape Architecture on behalf of CRH Canada Group Incorporated Location: 3565 Regional Road 20, Clarke Planner: Jacob Circo, Senior Planner 9.1.1 PDS-053-25 - Official Plan Amendment and Zoning By-law Amendment applications to facilitate additional uses at 3565 Regional Road 20 35 9.2 Public Meeting for an Official Plan Amendment and Zoning By-law Amendment 50 Applicant: KLM Planning Partners Inc. on behalf of 2265719 Ontario Inc. Planning and Development Committee Agenda November 10, 2025 Page 2 Location: 3071 Bowmanville Avenue, Bowmanville Planner: Nicole Zambri, Principal Planner 9.2.1 PDS-059-25 - Proposal for a Mixed-Use Development at 3071 Bowmanville Ave., Bowmanville 62 9.3 Public Meeting for an Official Plan Amendment and Zoning By-law Amendment 90 Applicant: Zelinka Priamo Ltd. on behalf of Loblaw Companies Ltd. Location: 91 and 95 Baseline Road West, Bowmanville Planner: Shrija Vora, Planner II 9.3.1 PDS-061-25 - Official Plan and Zoning By-law Amendment Applications to Permit a Supermarket at 91 and 95 Baseline Road West, Bowmanville 99 (Attachment 1 to Report PDS-061-25 has been updated) 9.4 Public Meeting for a Zoning By-law Amendment 111 Applicant: IGP Realty Advisors, on behalf of Suncor Energy Inc Location: 2305 Highway 2, Bowmanville Planner: Shrija Vora, Planner II 9.4.1 PDS-062-25 - Zoning By-law Amendment Application to Permit an Eating Establishment Use at 2305 Highway 2 126 10.Confidential Items 11.Adjournment Planning and Development Committee Agenda November 10, 2025 Page 3 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Fry, Camposeo Date:Tuesday, October 14, 2025 11:30:52 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject 22 Church Street request to vary from the development standards to allow for private waste collection Action requested of Council Permission to vary from the development standards to allow for private waste collection Date of meeting 10/20/2025 Summarize your delegation As part of a small-scale redevelopment proposal, Clarington Council requires that the developer seek the permission of Council for relief from the development standard that permits only municipal waste collection. Have you been in contact with staff or a member of Council regarding your matter of interest? No Will you be attending this meeting in person or online? In person First name: 1. Michael 2. Anthony Single/Last name 1. Fry 2. Camposeo Page 4 Firm/Organization (if applicable) 1. D.G. Biddle and Associates Limited 2. Trademark Homes Job title (if applicable) 1. Planning Manager 2. [Blank] Address 1. 2. Town/Hamlet 1. Oshawa 2. Oshawa Postal code 1. 2. Email address: 1. 2. Phone number 1. 2. Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No Page 5 I acknowledge that the Procedural By-law Permits seven minutes for delegations and five minutes for Public Meeting participants. Yes [This is an automated email notification -- please do not respond] Page 6 Private Waste Collection Plan – 22 Church Street, Bowmanville 1. Purpose This plan outlines the proposed private waste, recycling, and organics collection system for the proposed 10-unit residential apartment building at 22 Church Street, Bowmanville, in support of a request to the Municipality of Clarington Council for endorsement of an exemption from Regional (Durham Region) municipal waste collection services. The intent is to demonstrate that all waste will be managed privately, safely, and efficiently, in accordance with Durham Region Waste Management Division and Ontario Ministry of the Environment requirements. 2. Property Overview  Address: 22 Church Street, Bowmanville, ON  Building Type: 4-storey, 10-unit residential apartment  Occupancy: Approx. 20–25 residents  Garbage Storage: Enclosed waste storage area at the rear of the building, accessible via the driveway from Church Street. The enclosure will contain clearly labelled bins for garbage, recycling, and organics, protected from wildlife and weather. 3. Waste Generation Estimate Estimated based on Durham Region’s multifamily residential averages: Waste Stream Units Volume per Unit per Week Weekly Total Volume Container Type Garbage 10 240 L ~2.4 m³ Two 3-yd metal bins Recycling 10 180 L ~1.8 m³ Two 3-yd blue bins Organics 10 80 L ~0.8 m³ One 2-yd green bin Total estimated waste volume: ≈ 5 m³ per week. 4. Collection Method and Schedule  Service Provider: Trademark Homes  Vehicle Type: Pick up truck  Collection Frequency: (Mondays 7–9 a.m.)  Collection Point: Rear parking lot, directly accessible to the collection vehicle.  Bin Handling: Picked up by Service Provider 5. Disposal and Processing Facilities Collected materials will be transported by the private hauler to Region -approved licensed facilities, such as:  Ritson Rd Durham Region dump Page 7 6. Environmental and Operational Compliance  All waste handling will comply with Ontario Reg. 103/94 (Waste Audits and Waste Reduction Workplans).  Residents will receive written instructions and signage for proper sorting of garbage, recycling, and organics.  Odour, litter, and pest management measures will be maintained through sealed bins and w  Periodic cleaning. 7. Advantages of Private Collection  Eliminates demand on Durham Region’s residential waste-collection system.  Provides greater flexibility for collection times and frequency.  Ensures all waste operations occur on private property—no disruption to municipal right-of-way.  Enables professional management with consistent cleanliness and compliance oversight. 8. Request to Council We respectfully request that Clarington Council: 1. Endorse private waste collection for the proposed 10 -unit apartment at 22 Church Street; and 2. Support exemption from Durham Region’s municipal waste collection services and associated fees, confirming that all solid-waste management will be handled privately in accordance with this plan. All waste will be managed by a licensed private hauler under the oversight of Durham Region Waste Management, with no operational burden on the Municipality. 9. Conclusion and Request We therefore request that Clarington Council: 1. Approve private waste collection for the proposed 10 -unit residential apartment at 22 Church Street; 2. Support exemption from Regional (Durham) municipal waste collection services; and 3. Acknowledge the broader policy issue of administrative duplication in small -scale infill housing projects and explore streamlined options consistent with the province’s “Building More Homes Faster” framework. This approach would align local practice with provincial direction, reduce barriers for smaller developments, and ensure projects like this can proceed efficiently while remaining fully compliant with regional waste standards. Page 8 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 10, 2025 Report Number: PDS-058-25 Authored By: Toni Rubino, Senior Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: ZBA2024-0025 (Cross: S-C 2024-0012) Report Subject: Zoning By-law Amendment application to permit 19 lots for detached dwellings in Newtonville. Recommendations: 1. That Report PDS-058-25, and any related delegations or communication items, be received; 2. That the By-law attached to Report PDS-058-25, as Attachment 1, be approved; 3. That the Region of Durham Community Growth and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-058-25 and Council’s decision; and, 4. That all interested parties listed in Report PDS-058-25, be advised of Council’s decision. Page 9 Municipality of Clarington Page 2 Report PDS-058-25 Report Overview This report recommends approval of an application for a Zoning By-law Amendment submitted by Planfarm Inc. on behalf of WDD International Inc. to facilitate a proposed Draft Plan of Subdivision which shows 19 detached dwelling lots, a stormwater management pond, a walkway and public roads in Newtonville. 1. Application Details 1.1 Owner: WDD International Inc. 1.2 Applicant: Planfarm Inc. 1.3 Proposal: Zoning By-law Amendment To rezone the subject lands from “Agricultural Exception (A-1)” Zone and “Residential Hamlet (RH)” Zone to Holding Residential Hamlet Exception ((H)RH-30) Zone to permit the development. Delegated: Draft Plan of Subdivision The proposed draft Plan of Subdivision would permit 19 lots for detached dwellings, a stormwater management pond, a walkway and public roads. 1.4 Area: 5.65 Hectares (14 acres) 1.5 Location: North of Regional Highway 2 and east of Regional Road 18 in the Hamlet of Newtonville (see Figure 1) 1.6 Roll Number: 18-17-030-010-22401 Page 10 Municipality of Clarington Page 3 Report PDS-058-25 Figure 1 – Location of Subject Lands Page 11 Municipality of Clarington Page 4 Report PDS-058-25 2. Background 2.1 On October 23, 2024, Planfarm Inc. on behalf of WDD International Inc., submitted applications for a Draft Plan of Subdivision (see Attachment 1) and Zoning By-law Amendment to permit a development consisting of 19 residential lots with a minimum lot size of 0.2 hectares each, a 0.28-hectare stormwater management pond, a walkway and new public roads. Access is proposed from Regional Road 18. A 6.0 metre emergency access which is also a walkway provides a connection from Church Lane into the site. 2.2 A Statutory Public Meeting was held on March 17, 2025, to provide background information regarding the applications and to obtain public comments. 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are located in the north-east quadrant of the Hamlet of Newtonville. The property has frontage on Regional Road 18 and Church Lane. 3.2 The subject lands are 5.65 hectares in size and are part of the hamlet settlement boundary. The lands are currently vacant but have been cultivated in the past. A wetland has been identified in the location of the proposed stormwater management pond. 3.3 The surrounding uses are as follows: North: Predominantly agricultural lands outside of the hamlet boundary. East: Existing detached residential dwellings on large lots. South: Existing detached residential dwellings, Newtonville Community Hall and Ina Brown parkette. West: Existing single detached residential dwellings. 4. Provincial Policy Provincial Planning Statement, 2024 4.1 The Provincial Planning Statement (PPS) 2024 provides policies to support the creation of a full range of housing, while respecting the rural character in rural settlement areas. It also encourages the use of existing infrastructure, protection of the natural environment and creating complete communities. Page 12 Municipality of Clarington Page 5 Report PDS-058-25 4.2 The subject lands are located within a settlement area, where the PPS promotes infill development and where existing infrastructure, and public services facilities will be utilized. 4.3 The proposal is consistent with the Provincial Planning Statement. Greenbelt Plan 4.4 The Greenbelt Plan identifies areas that should be protected from large scale development, including natural heritage features, hydrologic features, and agricultural lands. The Hamlet of Newtonville is considered a settlement area under the Greenbelt Plan. Policies are to support residential development which is compatible and complementary to the rural community. The p roposed development is located in an existing residential area, where the lots are to be similar in size and density to other residential lots along Regional Road 18 and Church Lane. 4.5 The proposal conforms to the Greenbelt Plan. 5. Official Plans Durham Region Official Plan (Envision Durham) 5.1 The Durham Region Official Plan (Envision Durham) designates the subject lands as “Hamlets.” The Envision Durham encourages development within hamlets to be compatible with surrounding uses and the rural landscape consisting of a mix of housing types appropriate for existing service levels, employment uses and commercial uses that meet the needs of the residents of the hamlets and the surrounding rural area. 5.2 Envision Durham encourages a wide range of residential dwellings that are locally appropriate and consistent with the character of the area. The proposed development supports Envision Durham policies guiding the development of hamlets by promoting housing opportunities within an existing neighbourhood area and by pro posing to develop the subject lands in an efficient manner while maintaining an attractive and contextually appropriate built form. 5.3 The proposal conforms to Envision Durham. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands “Hamlet.” New residential lots in any rural settlement area with or without municipal water shall have a minimum lot size of 0.4 hectares and must meet the requirements of the Region of Durham Health Department for private services to ensure that there are no adverse impacts for water supply and quality. Page 13 Municipality of Clarington Page 6 Report PDS-058-25 5.5 Development within a hamlet shall: a) Complement and enhance the historic character of the hamlet; b) Provide housing designed to complement the architecture of existing buildings; c) Implement a grid street system; and d) Consider opportunities and innovations to provide a more compact settlement form. 5.6 The Clarington Official Plan has specific policies for development in Newtonville. The following policies apply: a) All development shall be serviced by municipal water supply; b) The minimum lot size may be reduced provided an engineering study demonstrates to the satisfaction of the approval authorities that the soil and groundwater conditions can support reduced lot sizes without contaminating soil or groundwater; c) No further development shall be permitted upon reaching the capacity of the municipal water supply system, regardless of whether designated lands remain vacant; and d) No further development shall be permitted if there is evidence of soil and groundwater contamination which cannot be mitigated, until such time as the contamination is addressed to the satisfaction of the approval authorities. 5.7 The relevant studies have been deemed satisfactory to determine the appropriate lot sizes. 5.8 Staff have reviewed the Environmental Impact Study (EIS) associated with the proposed removal of natural features. The EIS was peer reviewed under the direction of Municipality of Clarington. The results of the Study have been deemed satisfactory. 5.9 The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 84-63 6.1 The subject lands are currently zoned “Agricultural Exception (A -1)” Zone and “Residential Hamlet (RH)” Zone within Zoning By-law 84-63. A Zoning By-law Amendment is required to permit the proposed detached dwelling lots with reduced frontages and minimum lot area provisions. Page 14 Municipality of Clarington Page 7 Report PDS-058-25 6.2 A Holding (H) Symbol will be implemented as part of the Zoning By-law Amendment. The (H) Holding provision will remain on the lands until the necessary Conditions of Draft Approval are fulfilled, the Subdivision Agreement is executed, the plan is registered, and all the necessary securities are in place before building permits can be issued. The proposed zoning by-law amendment is included as Attachment 1. 7. Summary of Background Studies Planning Justification Report, prepared by Weston Consulting, September 2024 7.1 The Planning Justification Report submitted in support of the proposal concludes that the applications represent good planning and are in the public interest. The reduced lot frontage and area encourages a more compact, intensive development while also respecting the character of the area and maintaining the requirements for private septic systems. Environmental Impact Study (EIS), prepared by Colville Consulting Inc., September 2024 7.2 The EIS in support of the proposal concludes that development will have no negative impact on the ecological function of natural heritage features on or adjacent to the subject property. 7.3 The limited size, lack of proximity to other wetland features, and abundance of invasive plant species significantly limits wildlife use of the wetland. Due to the low functioning nature of the wetland, the wetland is generally not considered to be ecologically significant and therefore can be utilized for a stormwater pond to maintain the hydrologic function. Functional Servicing Report (FSR) and Stormwater Management Report (SWM), prepared by Crozier and Associates Inc., April 2024 7.4 The FSR and SWM Report submitted with the application states that the proposed development will be serviced with municipal water servicing, municipal storm servicing, and individual onsite sewage systems. Low-impact development (LID) measures are proposed across the site. Stormwater quantity, quality and erosion control is provided via a wet pond to control and treat flows. 7.5 The proposed development can be adequately serviced with respect to grading, stormwater management, individual onsite sewage systems, and water supply. An appropriate Condition of Draft Approval will be imposed. Page 15 Municipality of Clarington Page 8 Report PDS-058-25 Geotechnical Investigation, prepared by Cambium Inc., December 2023 7.6 The Geotechnical Investigation Report submitted in support of the proposal concludes that materials testing and inspections should be carried out during construction operations. The Geotechnical consultant should be contacted to review and approve design drawings, prior to tendering or commencing construction. It is important that onsite geotechnical supervision be provided at this site for excavation and backfill procedures, subgrade inspections and compaction testing. An appropriate Condition of Draft Approval will be imposed. Hydrogeological Assessment, prepared by Cambium Inc., April 2024 7.7 The results of the Hydrogeological Assessment submitted in support of the proposal indicates that the proposed development is feasible on the property. Construction excavation dewatering will be required on the western portion of the site because the proposed development includes basement le vels and underground infrastructure. 7.8 The nitrate concentration was determined to be acceptable, and the development can adequately provide wastewater treatment by private systems while maintaining an acceptable nitrate concentration. An appropriate Condition of Draft Approval will be imposed. This report was peer reviewed and accepted by the Region of Durham. Noise Impact Study, prepared by Cambium Inc., December 2023 7.9 The Noise Impact Study submitted in support of the application states that the proposed development is feasible and that no noise control measures are required. Typical Building Code construction is considered sufficient to the achieve indoor sound level criteria. The traffic impact is expected to be less than the applicable limits at all outdoor living areas. As such, no noise control measures or warning clauses are required. Phase One and Phase Two Environmental Site Assessment (ESA), prepared by Niagara Soil Solutions Inc., May 2022, August 2022 7.10 The Phase One ESA submitted in the support of the proposal identified two areas of potential environmental concern on the property. A Phase 2 ESA was recommended to investigate the potential for soil and/or groundwater contamination. 7.11 The results of the Phase Two ESA indicate that the site condition standards for soil and groundwater have been met. No further groundwater investigation was recommended. All monitoring wells are to be decommissioned in accordance with O.Reg. 903 when no longer required. An appropriate Condition of Draft Approval will be imposed. Page 16 Municipality of Clarington Page 9 Report PDS-058-25 Stage One and Two Archaeological Assessment, prepared by Northeastern Archeological Associates Ltd., August 2023 7.12 A Stage One and Two Archeological Assessment were carried out in support of the proposed development. No material of cultural significance, value, or interest (CHVI) was recovered during Stage 2 test-pit assessments. Based on the Stage Two assessment results the report concludes that the subject site does not possess any cultural heritage value or interest, and that no further archaeological work is required within the development boundaries. If any archaeological resources should be discovered during the course of development, all excavation must stop immediately, and an archaeologist must be contacted. Traffic Impact Study (TIS), prepared by Crozier Consulting Engineers, February 2024 7.13 A TIS was carried out in support of the proposed development. The Study concluded that the development application can be supported from a traffic operations perspective. The boundary road network can accommodate the increase in traffic volumes attribut ed to the proposed development. Further, the proposed access is forecast to be functionally adequate with inconsequential impacts to Newtonville Road. 8. Public Submissions 8.1 A Statutory Public Meeting was held on March 17, 2025. Notification was provided to all property owners within 300 metres of the subject lands. Two public meeting signs were installed on the subject lands, one sign was posted fronting Regional Road 18 and the other on Church Lane. Details of the proposed application were also posted on the Municipality’s website, and in the Clarington Connected e-newsletter. 8.2 Staff received seven public comments on the proposed development. Questions from neighbouring residents were related to grading and stormwater drainage, environmental concerns, traffic, and the impact on the structural integrity of existing buildings and structures. Comments received were both in support and in opposition of the proposed development. 8.3 Staff have addressed the comments and concerns from residents via email, telephone and virtual meetings. 9. Department and Agency Comments 9.1 Various agencies and internal departments were circulated for comments on the applications. Attachment 3 to this report is a chart which provides the list of circulated parties. Page 17 Municipality of Clarington Page 10 Report PDS-058-25 10. Discussion General 10.1 The proposed residential development is located within the Hamlet of Newtonville and the proposed residential uses represent a form of development encouraged by Provincial, Regional, and Municipal policies. It aims to develop a total of 19 lots for detached residential dwellings, a stormwater management pond and a walkway/emergency access. All lots will be on new public roads. Two of the 19 lots on the east side of the subject site are shown as temporary turning circles and will not be available for building permits until the lands to the east are developed, making road connections to the east possible. Block Plan 10.2 The draft plan shows one access point onto Regional Road 18 and an emergency access to the south. A Block Plan was submitted showing how the lands to the east, including road connections to Durham Highway 2 can be developed within the boundaries of the hamlet. Lot Sizes 10.3 The proposal has lots ranging from 2000 square metres to 2,880 square metres. The policies of the Clarington Official Plan allows for a reduction in lots sizes from the minimum 4000 square metres (0.4 hectares) for all rural settlement areas provided it can be demonstrated that there will be no impact to soil or groundwater. The results of the Hydrogeological Study and supporting documentation provided by the consultant were peer reviewed and confirmed that the proposal can be supported. Envision Durham required this report to be peer reviewed by an independent consultant, under the direction of the Region. Opportunity for Compact Settlement 10.4 In recent years, the Province of Ontario has updated the applicable Planning Legislation to include policies related to the establishment of additional dwelling units in order to alleviate the current housing demand. For this reason, the inclusion of addit ional dwelling units within the proposed single detached units or accessory building where possible is encouraged. Page 18 Municipality of Clarington Page 11 Report PDS-058-25 Wastewater System 10.5 The Clarington Official Plan contains policies and guidelines to be considered for developments within Hamlets. In addition to those policies, there are also specific policies related to development in Newtonville. Development in Newtonville must be serviced with municipal water supply. A municipal wastewater system is not available in Newtonville and septic systems will be utilized for this development. Lot sizes can be reduced if the appropriate studies are submitted and deemed satisfactory to the approval authority, being Durham Region Health Services Department. The proposed lot sizes are approximately 0.2 hectare in size and have been deemed appropriate based on the studies submitted to support the reduction of the proposed lots sizes. Wetland 10.6 Although not mapped on Schedule “D3” to the Clarington Official Plan, a wetland on the westerly portion of the site has been identified. This is the site of the proposed stormwater management pond on the draft plan. The Official Plan allows for the removal of a wetland if it is under 0.5 hectares in size, among other criteria, if it can be demonstrated through an EIS that the removal is warranted. This feature was studied through an EIS and a peer review was undertaken, including a site visit, which demonstrated that that the criteria for removal had been met. Parkland 10.7 No parks are proposed within this development given the scale of the development. Ina Brown Parkette is adjacent to the subject lands. Cash in lieu of parkland will be required as a Condition of Draft Approval. Resident Concerns 10.8 Staff received comments from residents in support and opposition of the development which included written submissions supporting and opposing the development. The concerns from the residents who opposed the development are referenced in Section 8 of this report. 10.9 The Stormwater Management Report and Grading Plan for the development have been reviewed in detail by Clarington’s Development Engineering Department and the Ganaraska Region Conservation Authority (GRCA). There is no objection to the plan of subdivision by either party. There are standard requirements from Development Engineering and the GRCA that will be fulfilled by the Owner prior to the clearance for registration of the subdivision. Page 19 Municipality of Clarington Page 12 Report PDS-058-25 10.10 An EIS was submitted as part of the application and was peer reviewed at the request of the Municipality of Clarington. An additional site walk with the peer reviewer was conducted. Based on the results of the EIS and the site walk the development will not have a negative impact on the ecological function of natural heritage features on or adjacent to the subject property. 10.11 The submitted Traffic Impact Study (TIS) was reviewed by Clarington’s Development Engineering Staff. Given the number of new units, traffic volumes will be minor. The existing road network is expected to accommodate the additional traffic volume. 10.12 As per the recommendations in the Geotechnical Investigation report, on -site monitoring and construction mitigation measures will be implemented to ensure the prevention of construction damages to existing dwellings and overall disruption to the existing neighbourhood. 11. Financial Considerations 11.1 This proposal is considered an infill development. The capital infrastructure required for this development will be built by the developer and ass umed by the Municipality upon acceptance. This excludes onsite private septic systems. The Municipality will include the new capital assets in its asset management plans and be responsible for the major repair, rehabilitation, and replacement in the future. 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications resulting in the creation of growing resilient, sustainable, and complete communities and connecting residents through the design of safe, diverse, inclusive, and vibrant communities. The proposal aligns with Clarington’s Strategic Plan. 13. Climate Change 13.1 The applicant has prepared a Sustainability Analysis within the Planning Justification Report. This proposal considers climate risks by improving air quality during construction, implementing dust mitigation measures during construction, reducing energy and water consumption through building materials and fixtures, protecting water quality though low-impact development (LID) measures and reducing the urban heat island effect through landscaping measures. 14. Concurrence 14.1 Not Applicable. Page 20 Municipality of Clarington Page 13 Report PDS-058-25 15. Conclusion 15.1 It is respectfully recommended that the Zoning By-Law amendment application submitted by Planfarm Inc. consisting of 19 residential dwelling units be approved, with a (H) Holding provision, contained in Attachment 1. The (H) Holding provision will be removed once the applicant enters into a Subdivision Agreement and all the conditions therein are satisfied. Staff Contact: Toni Rubino, Senior Planner, (905) 623-3379 ext. 2431 or TRubino@clarington.net Attachments: Attachment 1 – Zoning By-law Amendment Attachment 2 – Draft Plan of Subdivision Attachment 3 – Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Page 21 Attachment 1 to Report PDS-058-25 Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2025-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2024-0025; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 9.3 “Special Exceptions – Residential Hamlet (RH) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 9.3.30 as follows: 9.3.30 Residential Hamlet Exception (RH-30) Zone Notwithstanding Sections 9.2 a. and b., those lands zoned RH-30 shall be subject to the following zone regulations and the applicable provisions not amended by the RH-30 Zone: a. Lot Area (minimum) 2000 square metres b. Frontage (minimum) 29 metres 2. Schedule 16 to By-law 84-63, as amended, is hereby further amended by changing the zone from: "Agricultural Exception (A-1) Zone" and “Residential Hamlet (RH) Zone” to "Holding – Residential Hamlet Exception ((H)RH-30) Zone" as illustrated on the attached Schedule ‘A’ hereto. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Page 22 Page | 2 Passed in Open Council this _____ day of November, 2025 __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page 23 Page | 3 Page 24 $WWDFKPHQWWR5HSRUW3'6 Page 25 Attachment 3 to Report PDS-058-25 Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Community Growth and Ec. Dev. Department ☒ No objection subject to the fulfillment of Draft Plan of Subdivision Conditions. Durham Region Works Department ☒ No objection subject to the fulfillment of Draft Plan of Subdivision Conditions. Durham Region Health ☒ No objection subject to the fulfillment of Draft Plan of Subdivision Conditions. Clarington Engineering Development Division ☒ Engineering has no objection to the proposal. • Development Engineering is in support of an emergency access route. • With respect to the Traffic Impact Study, provide a conceptual plan illustrating the roadway network, including fire routes, sidewalks, temporary cul-de-sacs, and all relevant dimensions, ensuring conformity with Clarington Design Standard. • A 6 m setback / buffer is required around the pond block as well as a sediment drying area in the pond block. • Provide an On-Street Parking Plan. • Provide a tree preservation plan which includes the “reason for removal” in the inventory tables. • Updates are required to the Stormwater Management Report, and the Geotechnical Report to meet Provincial and Municipal requirements. All other comments can be addressed at the detailed design stage. Page 26 Attachment 3 to Report PDS-058-25 Clarington Emergency & Fire Services ☒ CEFS is concerned with one access into the site should the access be blocked. A secondary access has been confirmed. Clarington Building Division ☐ Ganaraska Region Conservation Authority ☒ The proposed development involves the full removal of the wetland habitat for the implementation of the Stormwater Management pond. The GRCA strongly encourages that the wetland feature be retained, however GRCA could support the removal of the wetland if the upper and lower tier municipality also support its removal due to the following: a. Even after the removal of the feature the Conservation Authority Act tests are satisfied; b. The wetland is under 0.5 ha in size; c. The wetland appears to be anthropogenically formed; d. The wetland provides minimal flood mitigation and erosion control; and e. The wetland is disconnected from larger wetlands. The hydrogeological assessment meets the guideline requirements and demonstrates a sound understanding of site-specific conditions. GRCA staff concurs with the recommendations made by Cambium Inc. and agrees that the site is feasible for the proposed development. Enbridge Gas ☒ No objection. Hydro One ☒ No objection. Bell ☒ No objection. Rogers Cable ☒ No objection. Kawartha Pine Ridge District School Board ☒ No objection. Page 27 Applicant/Owner: Ellen Ferris from MHBC c/o. CRH Canada Group Incorporated Application Details: Proposal for the establishment of an asphalt plant and a concrete batching plant at the Mosport Main Pit. These facilities would operate for the duration of the pit’s active use and would be decommissioned following final site rehabilitation and the surrender of the license. Statutory Public Meeting COPA2025-0004 & ZBA2025-0005 Location: 3565 Regional Road 20, Clarke Meeting Date: November 8, 2025 Page 28 PUBLIC MEETING MOSPORT MAIN PIT OPA & ZBA Proposed Asphalt Plant & Concrete Batching Plant November 10, 2025 Page 29 MOSPORT MAIN PIT •Existing aggregate operation (ARA Licence No. 3195). •Surrounded by existing mineral aggregate operations. •Currently permitted to operate portable asphalt plant for public authority contracts. •Strategically located near Highway 35 and Highway 115. Page 30 Proposed Asphalt Plant & Concrete Batching Plant OPA and ZBA to permit an asphalt plant and concrete batching plant at the Mosport Main Pit for the duration of the operation. Plants will be removed as part of final rehabilitation of the site. PROPOSAL Page 31 •Planning Rationale Report •Air Quality Assessment •Hydrogeological Study •Natural Heritage Evaluation •Noise Impact Study •Functional Servicing & Stormwater Management Report •Traffic Impact Study TECHNICAL STUDIES COMPLETED Page 32 APPROVALS REQUIRED Municipal Official Plan Amendment and Zoning By-law Amendment with the Municipality of Clarington Aggregate Resources Act Site Plan Amendment with Ministry of Natural Resources Environmental Compliance Approval to operate the plants with the Ministry of Environment, Conservation and Parks Operation of Asphalt Plant and Concrete Batching Plant Page 33 CREDITS: Diese Präsentationsvorlage wurde von Slidesgo erstellt, inklusive Icons von Flaticon, Infografiken & Bilder von Freepik und Illustrationen von Storyset Thank you! Any questions? eferris@mhbcplan.com 705-728-0045 ext. 227 MHBCplan.com Page 34 Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 10, 2025 Report Number: PDS-053-25 Authored By: Jacob Circo, Senior Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Number: COPA2025-0004 & ZBA2025-0005 Resolution#: Report Subject: Official Plan Amendment and Zoning By-law Amendment applications to facilitate additional uses at 3565 Regional Road 20 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-053-25 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 Official Plan Amendment and Zoning By-law Amendment applications submitted by MHBC on behalf of Dufferin Aggregates and continue processing the applications including the preparation of a subsequent recommendation report; and 3. That all interested parties listed in Report PDS-053-25 and any delegations be advised of Council’s decision. Page 35 Municipality of Clarington Page 2 Report PDS-053-25 Report Overview The Municipality is seeking the public’s input on applications for a proposed Official Plan Amendment and Zoning By-law Amendment to permit an asphalt plant and concrete batching plant at the Mosport Main Pit in Clarke, which is an active mineral aggregate pit operation licenced under the Aggregate Resources Act. The establishment of the proposed facilities would operate for the duration of the aggregate pit licence and be removed as part of the final rehabilitation of the site. 1. Application Details 1.1 Owner: Dufferin Aggregates, a Division of CRH Canada Group Incorporated 1.2 Agent: Ellen Ferris c/o. MHBC Planning Urban Design & Landscape Architecture 1.3 Proposal: The proposal includes the establishment of an asphalt plant and concrete batching plant at an active mineral aggregate operation which is licenced under the Aggregate Resources Act. The establishment of the proposed facilities would operate for the duration of the mineral aggregate operation and would be removed as part of the final rehabilitation of the site. 1.4 Clarington Official Plan Amendment (COPA): To permit the establishment of an aggregate-related industrial use, specifically a concrete batching and asphalt plant at the Mosport Main Pit. 1.5 Zoning By-law Amendment (ZBA): To rezone the subject lands from “Aggregate Extraction (AE) Zone” to a special exception zone within the “Aggregate Extraction (AE) Zone” to permit a concrete batching and asphalt plant at the Mosport Main Pit. 1.6 Area: 88.29 hectares (218.17 acres) 1.7 Location: 3565 Regional Road 20, Clarke (see Figure 1) 1.8 Roll Number: 18-17-030-060-18800 Page 36 Municipality of Clarington Page 3 Report PDS-053-25 Figure 1: Location of Subject Lands Page 37 Municipality of Clarington Page 4 Report PDS-053-25 2. Background 2.1 On March 20, 2025, Planning Staff received a Clarington Official Plan Amendment application and Zoning By-Law Amendment application which seeks to permit the establishment of an asphalt plant and a concrete batching plant on an active aggregate pit. These facilities would operate for the duration of the aggregate licence and would be decommissioned with the site rehabilitation. 2.2 The applicants have submitted the following plans and studies in support of applications:  Site Plan  Survey  Planning Justification Report  Air Quality Assessment  Hydrogeological Study  Natural Heritage Evaluation  Noise Impact Study  Functional Servicing and Stormwater Management Report  Traffic Impact Study  Utility Coordination Plan Letter 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3565 Regional Road 20 in Clarke, having frontage on Regional Road 20 (see Figure 1) and is currently used as active aggregate pit. 3.2 The subject property’s additional surrounding land uses are as follows: North: Other aggregate pit operations within the City of Kawartha Lakes East: Agricultural lands and Highway 35/115 South: Agricultural lands West: Other aggregate pit operations Page 38 Municipality of Clarington Page 5 Report PDS-053-25 4. Provincial Policy Provincial Planning Statement (PPS 2024) 4.1 Under the PPS (2024) the Site would be considered a “Mineral aggregate operation” on rural lands. As defined in the PPS (2024) a 'mineral aggregate operation' includes lands licensed or permitted under the Aggregate Resources Act (excluding wayside pits and quarries), as well as associated facilities involved in the extraction, transportation, processing, recycling, or beneficiation of aggregate materials. This also encompasses operations related to the production of products such as asphalt, concrete, and other related secondary materials. The proposed concrete batching plan and asphalt plant would be considered accessory uses to a “Mineral aggregate operation” and would be permitted. 4.2 The PPS (2024), including Policies 4.5.2.4 and 4.5.3.1, provides broad direction for the protection of mineral aggregate operations and requires that rehabilitation be planned to support future land uses. Final rehabilitation must consider surrounding land uses and existing land use designations. The Mosport Main Pit is recognized as an existing mineral aggregate operation. Supporting technical studies have confirmed that the proposed asphalt plant and concrete batching plant can be integrated into the site in a manner that is consistent with the PPS (2024), ensuring the protection of nearby sensitive land uses, natural heritage features, and water resources. 4.3 The proposal is consistent with the PPS (2024). Oak Ridges Moraine Conservation Plan (ORMCP 2018) 4.4 The ORMCP designates the subject lands as “Countryside Area”. This designation is intended to support agricultural and rural uses that promote the continuation of farming and rural land use activities, preserve the rural character of settlements, and enable compatible forms of economic development, among other objectives. 4.5 Permitted uses within the “Countryside Area” include mineral aggregate operations and wayside pits, subject to the applicant demonstrating that the quantity and quality of groundwater and surface water in the Plan area will be maintained and, where possible, improved or restored as a result of the proposed operation, that as much of the site as possible will be rehabilitated, and other criteria outlined in in Section 35 of the ORMCP. 4.6 The subject site is located within a Category 1 and Category 2 Landform Conservation Area, however, the requirements related to applications for development or site alteration within such an area do not apply to applications with respect to mineral aggregate operations. 4.7 The proposed accessory uses to a licensed aggregate pit conforms to the policies of the ORMCP (2018). Page 39 Municipality of Clarington Page 6 Report PDS-053-25 5. Official Plan Durham Region Official Plan (Envision Durham 2024) 5.1 The Durham Region Official Plan (Envision Durham) designates the subject lands as “Oak Ridges Moraine Area” in accordance with Map 2b of Envision Durham (2024). 5.2 Countryside Areas within the Oak Ridges Moraine are areas of existing rural land use intended to protect prime agricultural areas, provide for the continuation of agricultural and other rural land uses and maintain the character of Rural Settlements. Permitted uses within this designation include mineral aggregate operations and wayside pits. 5.3 Map 4 of Envision Durham identifies the property as a “Aggregate Resource Extraction Area”, which recognizes the existing Mosport Main Pit. Section 6.7.11 of Envision Durham permits aggregate-related industrial uses, such as asphalt plants, ready-mix concrete plants and aggregate transfer stations in active licenced Aggregate Resource Extraction Areas. 5.4 The proposed asphalt and concrete batching plants will be located within existing Mosport Main Pit and will be located outside of any key natural heritage or hydrologic features as identified on Maps 2a and 2c of Envision Durham. 5.5 The proposal conforms to Envision Durham (2024). Municipality of Clarington Official Plan (COP 2018) 5.6 The COP (2018) designates the subject site as “Rural” and “Environmental Protection Areas” with an “Aggregate Extraction Area” overlay allowing the site to be used for the extraction of aggregates and the rehabilitation of the designated land, in accordance with its active licence issued under the Aggregate Resources Act. 5.7 The goals of the “Aggregate Extraction Area” designation is to support the extraction of aggregate resources while minimizing impacts on the natural environment, surrounding landscape, nearby residents, and the broader municipality. 5.8 “Aggregate Extraction Areas” shall only be permitted within the Potential Aggregate Resource Areas identified on Map G of the COP (2028). The subject lands are within the Primary Area on Map G of the COP (2018). Page 40 Municipality of Clarington Page 7 Report PDS-053-25 5.9 Aggregate-related industrial uses such as asphalt plants and concrete -batching plants may be permitted only by site-specific amendment to the COP, provided: a. There is no adverse impact on groundwater and surface water quality and quantity ; b. There is no adverse noise, odour, or dust impacts on nearby sensitive land uses and natural heritage features; and c. The operation of such a plant is addressed on a site plan approved by the Province . The submitted COP Amendment is required to facilitate additional aggregate-related industrial uses within the licensed pit area (see Attachment 1). 6. Zoning By-law 2005-109 6.1 The property is zoned “Aggregate Extraction (AE) Zone” within Zoning By-law 2005-109. Permitted uses include a pit, conservation, and agricultural uses. A “pit” is defined as an area of land where unconsolidated mineral aggregate such as gravel, stone and sand is extracted pursuant to a license or a permit issued under the Aggregate Resources Act. A pit may include as an accessory use a mineral aggregate crusher, mineral aggregate processing, and/or mineral aggregate recycling. 6.2 The submitted Zoning By-law Amendment is required to permit the proposed uses at the existing aggregate operation located on the subject lands and would require a special exception zone within the “Aggregate Extraction (AE) Zone” (see Attachment 2). 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 http://www.clarington.net/3565RegRd20 and are also available upon request. A summary of the submitted reports and studies will be provided in a future recommendation report. 8. Public Notice and Submissions 8.1 Public Notice was mailed to 8 landowners within 300 metres of the subject lands on October 21, 2025, including landowners within Kawartha Lakes. Three public meeting signs was installed on the subject lands, along Regional Road 20, Best Road and Concession Road 10. Details of the proposed application were also posted on the Municipality’s website (http://www.clarington.net/3565RegRd20), and in the Clarington Connected e-newsletter. 8.2 Staff have not yet received any comments from the public on this application. Any comments received, including from the Statutory Public Meeting, will be reviewed and addressed in the recommendation report. Page 41 Municipality of Clarington Page 8 Report PDS-053-25 9. Departmental and Agency Comments 9.1 The applications were circulated to internal departments and external agencies for review and comments. All received comments will be addressed in the subsequent recommendation report. 10. Discussion 10.1 The purpose of the Public Meeting is to provide an opportunity for public input. A future recommendation report will also consider factors such as dust, odour, vibration, haul routes, and any other potential impacts associated with the proposed use. 11. Financial Considerations 11.1 Not applicable. 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 a strong local economy. 13. Climate Change 13.1 Analysis of the proposal, including potential impacts to climate change will be addressed in a subsequent recommendation report. 14. Concurrence 14.1 Not Applicable. Page 42 Municipality of Clarington Page 9 Report PDS-053-25 15. Conclusion 15.1 The purpose of this report is to provide background information on the submitted applications and receive comments at the Statutory Public Meeting. 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, Senir Planner, 905-623-3379 ext. 2425 or jcirco@clarington.net. Attachments: Attachment 1 – Draft Clarington Official Plan Amendment Attachment 2 – Draft Zoning By-law Amendment Attachment 3 – Mosport Main Pit Draft Operational Plan showing proposed asphalt plant and concrete batching plan Interested Parties: List of Interested Parties available from the Department. Page 43 CORPORATION OF THE MUNCIPALITY OF CLARINGTON BY-LAW NO. 2025 - XX Being a By-law to adopt Amendment No. XX to the Clarington Official Plan WHEREAS the Council of the Corporation of the Municipality of Clarington, in accordance with the provisions of the Planning Act, R.S.O., 1990, as amended enacts as follows: 1. That Amendment No. XX to the Clarington Official Plan, being the attached explanatory text and schedule, is hereby adopted. BY LAW read a first time this ____ day of ________, 2025 BY LAW read a second time this ___ day of _________, 2025 BY LAW read a third time and finally passed this ____ day of ________, 2025 ____________________ Mayor ____________________ Clerk Attachment 1 to Report PDS-053-25 Page 44     AMENDMENT NUMBER XX TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN Purpose: The purpose and effect of this Amendment to the Municipality of Clarington Official Plan is to permit the operation of a permanent asphalt plant and concrete batching plant within the Mosport Main Pit. Location: The subject site is legally described as Part of Lot 25, Lots 26-28, and closed and conveyed road allowance between Lots 26 & 27, Concession 10, Former Geographic Township of Newcastle, Clarke, in the Municipality of Clarington, Region of Durham. See Schedule A. Basis: The applicant, Dufferin Aggregates, a Division of CRH Canada Group Inc., has requested an amendment to permit a permanent asphalt plant and concrete batching plant at the Mosport Main Pit. The Mosport Main Pit is an active mineral aggregate operation which is licenced under the Aggregate Resources Act (ARA) (License No. 3195). The Mosport Main Pit is currently permitted to operate a temporary portable asphalt plant as an accessory use to the existing aggregate extraction operations on site. The Municipality of Clarington Official Plan permits concrete batching and asphalt plants to be used on a temporary basis (less than 3 years) on lands licenced for aggregate extraction. This amendment enables an asphalt plant and concrete batching plant to operate through the duration of the Mosport Main Pit. The uses would cease upon final site rehabilitation and surrender of the ARA licence. This amendment is consistent with the Provincial Planning Statement, conforms to the Oak Ridges Moraine Conservation Plan, and the Durham Regional Official Plan. Actual Amendment: The Municipality of Clarington Official Plan is hereby amended by adding the following new section under 23.19.6 (Other Site Specific Policies): “23.19.xx Mosport Main Pit Notwithstanding any other policy of this Plan to the contrary, it is the policy of this Plan that a permanent asphalt plant and concrete batching plant be permitted within the Mosport Main Pit on the lands located at Part of Lot 25, Lots 26-28, and closed and conveyed road allowance between Lots 26 & 27, Concession 10, Former Geographic Township of Newcastle, Clarke, in the Municipality of Clarington, Region of Durham. The permanent asphalt plant and concrete batching plant uses shall cease upon surrender of the Aggregate Resources Act Licence for the Mosport Main Pit.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Page 45 Conces si o n R d 1 0 Best Road Region al R d 2 0 Lands subject to policy 23.19.XX Part of Lots 25, & 26-28, Concession 10 Geographic Township of Clarke Municipality of Clarington Durham Region Official Plan Amendment No.____ Schedule 'A' Page 46 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2025 – XX Being a By-law to amend By-law 2005-109, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2005-109, as amended, of the Corporation of the Municipality of Clarington for ZBA 2024 – XX; Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.Section 14.4 AE Exception Zones is hereby amended by adding the following Section 14.4.XX: “14.4.X AE-X Zone a)A permanent asphalt plant and concrete batching plant shall be a permitted use within the existing pit and shall cease upon surrender of the Aggregate Resources Act Licence.” 2.Maps E5 and E6 to Zoning By-law 2005-109, as amended, are hereby further amended by rezoning the lands shown on Schedule “A” attached hereto from “Aggregate Extraction (AE)” to “Aggregate Extraction Exception XX (AE-X)”. 3.Schedule “A” attached forms part of the By-law. 4.This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in Open Council this ____ day of ______________, 2025. ____________________ Mayor ____________________ Municipal Clerk Attachment 2 to Report PDS-053-25 Page 47 Clerk Mayor This is Schedule 'A' to Zoning By-law 2005-109 Passed this ____ day of ____________, 2025 Conces si o n R d 1 0 Best Road Region al R d 2 0 Lands to be zoned AE-X Part of Lots 25, & 26-28, Concession 10 Geographic Township of Clarke Municipality of Clarington Durham Region Schedule 'A' Page 48 5(&<&/,1*$5($&21&5(7(3/$17$5($ 6&(1$5,2 &21&5(7($1'$63+$/73/$17$5($ 6&(1$5,2 &KULVWRSKHU3RROH,VDXWKRUL]HGE\WKH0LQLVWU\RI1DWXUDO5HVRXUFHVSXUVXDQWWR6XEVHFWLRQ  I RI2QWDULR5HJXODWLRQWRSUHSDUHDQGFHUWLI\VLWHSODQV^ŝƚĞWůĂŶŵĞŶĚŵĞŶƚƐƐŝŶĐĞ:ƵůLJϮϬϮϮĐŽŵƉůĞƚĞĚďLJ͗xxxxxx'UDIW$WWDFKPHQWWR5HSRUW3'62Page 49 Owner: 2265719 Ontario Inc. Applicant: KLM Planning Partners Inc. Application Details: •75 link townhouse dwellings •60 stacked townhouse dwellings •636 apartment units •2,000 sq. m. retail space •Height range from 3 to 9 storeys The total site area is 4.63 hectares (11.44 acres) Statutory Public Meeting COPA2021-0006 and ZBA2021-0024 Location: 3071 Bowmanville Ave, Bowmanville Meeting Date: November 10, 2025 Page 50 1 Public Meeting 2265719 Ontario Inc. Official Plan Amendment & Zoning By-law Amendment 3071 Bowmanville Avenue November 10, 2025Page 51 2 Location & Context November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment •Location: Northeast Corner of Concession Road 3 and Bowmanville Avenue •Legal Description: Part Lot 14, Concession 3 •Size: 4.63 hectares (11.44 acres) •Adjacent Land Uses: •North: Stormwater management pond, low- density residential •East: Low density residential •South: Low density residential & industrial •West: Low density residential Page 52 3 Existing Policy November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment •Under the Municipality of Clarington Official Plan (“COP”), the Subject Lands are designated ‘Urban Residential’ and ‘Neighbourhood Centre’ •Neighbourhood Centres are intended to serve as a focal point for residential neighbourhoods and provide a range of retail and service uses to meet the day-to-day needs of residents •Within the COP, Concession Road 3 is identified as a “Local Corridor”. The COP provides direction that “Local Corridors” to have a minimum density of 40 units per net hectare •As per the Official Plan Corridors are to be development comprehensively to provide for residential and/or mixed-use developments with a wide array of uses in order to achieve higher densities and transit-oriented development Page 53 4 Development Proposal November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment •2 Mixed-Use Buildings - Building A and B •Building A – 9 Storeys – 308 units •Building B – 7 Storeys – 96 units •1,955.80 m2 of retail/commercial GFA between Building A and B •2 Residential Mid-Rise Buildings – Building C and D •Building C – 6 Storeys – 179 units •Building B – 5 Storeys – 53 units •135 Townhouses •75 Street Townhouses – 2 Storeys •60 Stacked Townhouses – 3 Storeys •A public square (1,554.9m2) and three at-grade amenity areas (3,007m2) •Proposed density of +/- 166.5 units per hectare •Commercial/Retail component expected to generate +/- 64.77 total jobs based on the proposed retail GFA (21,052.06 ft2) Building A Mixed-Use Building B Mixed-Use Building C Residential 6-Storeys Building D Residential 5-Storeys Street Towns Stacked Towns Street Towns Amenity Area Public Square Amenity Area Amenity Area Page 54 5 Public Square November 10, 2025 3071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment Page 55 6 Concession Road Streetscape November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment Building A Building B Building D Townhouses Page 56 7 Renderings November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment Page 57 8 Renderings November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment Page 58 9 Renderings November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment Page 59 10 Materials Submitted •Hydrogeological Assessment Report, prepared by GHD •Geotechnical Investigation, prepared by Soil Engineers Ltd •Letter from Ministry of Culture – Archaeological Clearance •Environmental Site Assessment Report, prepared by GeoLogic Inc. •Record of Site Condition •Civil Set (Grading Plan, Servicing Plan, Erosion and Sediment Control Plan, Drainage Plan), prepared by Candevcon Group Inc. •Stormwater Management Design Brief, prepared by Candevcon Group Inc. •Traffic Impact Study, prepared by Candevcon Group Inc. •Functional Servicing Letter, prepared by Nicolaas Mensink November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment •Draft Official Plan Amendment, prepared by KLM Planning Partners Inc. •Draft Zoning By-law Amendment, prepared by KLM Planning Partners Inc. •Planning Justification Report, prepared by KLM Planning Partners Inc. •Urban Design Brief, prepared by KLM Planning Partners Inc. •Architectural Set, prepared by SRN Architects •Sun/Shadow Study, prepared by SRN Architects •Environmental Sustainability Report, prepared by SRN Architects •Environmental Noise Assessment, prepared by YCA Engineering Ltd. •Landscape Set, prepared by HKLA Landscape Architects & Consulting Arborists Page 60 11 Aidan Pereira Associate KLM Planning Partners Inc. apereira@klmplanning.com November 10, 20253071 Bowmanville Avenue Official Plan Amendment & Zoning By-law Amendment Page 61 Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 10, 2025 Report Number: PDS-059-25 Authored By: Nicole Zambri, Principal Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Number: COPA2021-006, ZBA2021-0024 Cross reference SC-2007-004 Resolution#: Report Subject: Proposal for a Mixed-Use Development at 3071 Bowmanville Ave., 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-059-25 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 Official Plan Amendment and Zoning By-law Amendment applications submitted by KLM Planning Partners Inc. on behalf of 2265719 Ontario Inc. and continue processing the applications including the preparation of a subsequent recommendation report; and 3. That all interested parties listed in Report PDS-059-25 and any delegations be advised of Council’s decision. Page 62 Municipality of Clarington Page 2 Report PDS-059-25 Report Overview The Municipality is seeking the public’s input on applications for an Official Plan Amendment and Zoning By-law Amendment to create a total of 771 residential units consisting of 75 linked townhouses, 60 staked townhouses, and 636 apartment units. The proposal also contains 2,000 square metres of retail space on the ground floor of two buildings that front onto Bowmanville Avenue and Concession Road 3. Other amenities include a town square, private outdoor amenity space, and two levels of underground parking. The proposal has been revised from the original submission that was submitted in April 2024. The proposal is located at the northeast corner of Bowmanville Avenue and Concession Road 3, and it is within the Northglen Neighbourhood Area. 1. Application Details Owner: 2265719 Ontario Inc. Applicant: KLM Planning Partners Inc. Proposal: Clarington Official Plan Amendment To amend the Clarington Official Plan to permit a maximum building height from six (6) to nine (9) storeys within a Local Corridor designation and permit a condominium corporation access to a public street via a private condominium road through an easement. Zoning By-law Amendment To rezone the subject lands from “Agricultural Exception (A -1) Zone” to a Mixed- Use Exception Zone and an Urban Residential Type Three Exception Zone with a Holding provision to facilitate the development of apartment units, ground floor commercial, stacked townhouse units and link townhouse units. Area: 4.63 hectares (11.44 acres) Location: 3071 Bowmanville Ave., Bowmanville, Part Lot 14, Concession 3; within the Northglen Neighbourhood Design Plan. Roll Number: 1817-010-080-21001 Page 63 Municipality of Clarington Page 3 Report PDS-059-25 2. Background 2.1 On April 8, 2024, KLM Planning Partners Inc. submitted applications on behalf of 2265719 Ontario Inc. for an Official Plan Amendment and Zoning By-law Amendment to permit the development of 503 residential units through various medium density-built forms. A public meeting was not held at that time because discussions were ongoing between municipal staff and the applicant regarding the size of the proposed parkette and the overall site design layout. 2.2 One of the major comments was the width of the parkette to function as a gateway feature into the site. As a result, the Owner had revised the proposal to remove some of the townhouse units to accommodate a wider promenade entrance feature into the site off of Kenneth Cole Drive. The revised plan was submitted on June 27, 2025, and includes an apartment building which frames the parkette, and various townhouse and mid-rise apartment buildings. (refer to Figure 1). The applications were also circulated to agencies and departments for comments. Figure 1 – Proposed Concept Plan Page 64 Municipality of Clarington Page 4 Report PDS-059-25 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located on the northeast corner of Bowmanville Avenue and Concession 3, in the Urban Area of Bowmanville. The lands are currently vacant with some grading that has occurred from the development of the surrounding subdivision . The surrounding uses are as follows: North: A stormwater management pond to the northwest and existing single detached homes. There are also 22 proposed street townhouse units on the south side of Kenneth Cole Drive. East: On the east side across Edwin Carr Street are detached dwellings and street townhouses, beyond is the former Abe’s Auto Wrecking Yard . South: Hydro One facility and detached dwellings and townhouses . West: Bowmanville Avenue and beyond, residential estate homes. 4. Provincial Policy Provincial Planning Statement (PPS) 2024 4.1 The Provincial Planning Statement (PPS 2024) encourages planning authoritie s to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. These objectives are to be achieved through efficient land use planning. Municipal official plans and secondary plans support the PPS through land use designations and policies. 4.2 The PPS encourages a minimum density target of 50 residents and jobs per gross hectare in designated growth areas. The applicant has indicated a gross density of approximately 280 people and jobs per hectare. 4.3 Healthy and active communities should be promoted by planning public streets to be safe, and meet the needs of pedestrians, foster social interaction, and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.4 The PPS also states that planning for stormwater management shall promote stormwater management best practices, including stormwater attenuation and re -use, water conservation and efficiency, and low impact development. 4.5 The proposal is consistent with the Provincial Planning Statement. Page 65 Municipality of Clarington Page 5 Report PDS-059-25 5. Official Plans Durham Region Official Plan (Envision Durham) 5.1 The Durham Region Official Plan (Envision Durham) designates the subject lands as “Community Areas” and Bowmanville Avenue is classified as a “Type A Arterial” road and Concession Road 3 is classified as a “Type B Arterial” road. 5.2 Community Areas are to be planned for a variety of housing types, sizes, and tenures, including townhouses and apartment dwellings. 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. 5.3 The application conforms with the Durham Region Official Plan. Clarington Official Plan (COP) 5.4 The Clarington Official Plan designates the site “Urban Residential” and “Neighbourhood Centre” in the Clarington Official Plan and is within the Bowmanville Urban Area. Concession Road 3 is also identified as a “Local Corridor”, which intersects with Bowmanville Avenue. The Bowmanville Avenue Local Corridor designation terminates north of Concession Road 3. 5.5 Local Corridors are referred to as Priority Intensification Areas, which are the primary locations to accommodate growth and the greatest mix of uses, heights and densities. The predominant built form permitted is mixed use buildings, townhouses, and apartments. 5.6 The Local Corridor policies require a minimum net density of 40 units per hectare. This proposal achieves approximately 167 units per hectare, exceeding the minimum requirement. 5.7 Current policy permits building heights ranging from 2 to 6 storeys. However, the proposed development includes buildings up to nine (9) storeys, which necessitates an Official Plan Amendment to allow the increase in height.  Building A (fronting Bowmanville Avenue): 9 storeys  Building B (fronting Concession Road 3): 7 storeys  Building D (furthest east, transitioning to townhouse units): 5 storeys  Building C (fronting the parkette and stormwater management pond): 6 storeys Page 66 Municipality of Clarington Page 6 Report PDS-059-25 5.8 Special emphasis will be placed on the design of the public realm along the corridor to enhance the pedestrian experience. Commercial uses are proposed on the ground floor for the buildings which front onto Concession Road 3 and Bowmanville Avenue. The proposed development needs to demonstrate how the proposal transitions buildings through the use of podiums and step back of buildings after the third and fourth floors to respect the surrounding low-density developments. 5.9 A variety of densities, tenure and housing types are encouraged internal to neighbourhoods, up to 3 storeys. Detached dwellings and townhouses are permitted. 5.10 Multi-unit residential development is also to be developed on the basis of the following site development criteria, as per policy 9.4.5: a) The site is suitable in terms of size and shape to accommodate the proposed density and building form; b) Compatibility with the surrounding neighbourhood in terms of scale, massing, height and siting, setbacks, shadowing, and the location of parking and amenity areas; c) Minimize impact of traffic on local streets; d) Multiple vehicular accesses from a public street shall generally be provided for each townhouse block and each apartment block; e) Each condominium corporation block shall have direct street frontage and direct vehicular access to a public street without reliance on easements through another condominium corporation block; f) In order to achieve a mixture of housing types, adjacent multi-unit residential unit types shall not replicate the same built form; g) Townhouses shall not be sited on opposite sides of the street in order to allow for sufficient on-street parking; h) Townhouses sited on blocks shall generally not exceed 50 units and apartment blocks shall not exceed 2 buildings; and i) Street townhouses shall generally not comprise more than 6 attached units; and j) Where multiple mid-rise and high-rise residential developments are planned for a given area, a phasing plan shall be required to identify common amenity areas and shared pedestrian and/or vehicle access. Page 67 Municipality of Clarington Page 7 Report PDS-059-25 5.11 Section 23 of the Clarington Official Plan also provides criterial to evaluate the approval of residential developments in an urban area, including draft plans of subdivisions: a) Ensure sequential development of neighbourhoods b) Proposed development is adjacent to Centres or Built -up Aras c) The economical use and extension of all infrastructure and services d) Ensure it offers intensification; and e) Increase density for new neighbourhoods having regard for proposed measures to integrate into existing stable residential areas. 5.12 An Official Plan Amendment prepared by the applicant is included in Attachment 1 of this report. Northglen Neighbourhood Design Plan 5.13 Within the Northglen Neighbourhood Design Plan the subject lands are identified for the development of mixed-use, commercial, SWM pond, parkette, medium or high -density residential development. The plan indicates townhouses on the east portion of the site, high density and commercial flanking the areas along the arterial roads and a park at the corner of the site, adjacent to the stormwater pond, as currently proposed. 5.14 In accordance with Section 9.4 of the Clarington Official Plan, approved Neighbourhood Design Plans will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. 5.15 The application implements the Northglen Neighbourhood Design Plan. Page 68 Municipality of Clarington Page 8 Report PDS-059-25 Figure 2 – Northglen Neighbourhood Design Plan 6. Zoning By-law 84-63 6.1 Zoning By-law 84-63 zones the subject lands as “Agriculture Exception (A-1)”. A Zoning By-law Amendment is required to permit the proposed development which contains a range of building typologies in med-high and medium built forms. 6.2 The proposed rezoning would change the zoning on the subject lands from an Agricultural Exception (A-1) Zone to a Mixed-Use Zone and an Urban Residential Type Three Exception Zone to facilitate the development. Each zone is proposed to have site - specific performance standards. The Park is proposed to be included in the Mixed-Use zone. A draft zoning by-law prepared by the applicant is included in Attachment 2 of this report. 6.3 Appropriate zone categories will be reviewed and addressed in a subsequent recommendation report. A Holding (H) Symbol would be needed to ensure that the conditions of the site plan have been fulfilled. The park would also need a hold until the lands are transferred to the Municipality. 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 Page 69 Municipality of Clarington Page 9 Report PDS-059-25 drawings are on the development application webpage at http://www.clarington.net/3071BowAve and are also available upon request. A summary of the submitted reports and studies will be provided in a future recommendation report. 8. Public Notice and Submissions 8.1 Public Notice was sent to 203 households within 120 metres of the subject lands on October 21, 2025, and signage was posted on the property, along Edwin Carr Street, Bowmanville Ave., and Concession road 3, advising of the complete application received by the Municipality and details of the public meeting. Details of the proposed application were also posted within the Clarington Connected e-newsletter. 8.2 As of writing this report, staff have received 27 inquiries regarding the application. Comments ranged from general inquiries to concerns about the intensity of the development, traffic, the need for commercial uses in this immediate area and the need for facilities such as daycares and schools to support the increase in population. Any comments received, including from the Statutory Public Meeting, will be reviewed and addressed 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. All received comments will be addressed in the subsequent recommendation report. 10. Discussion 10.1 The proposed development incorporates a diverse range of building typologies and complementary land uses in accordance with the Northglen Neighbourhood Design Plan. As one of the final undeveloped parcels within this area, its completion will fulfill the intended vision for a cohesive, and integrated neighbourhood. 10.2 A comprehensive review of the appropriateness of the built form, such as heights and densities will be undertaken to ensure the detailed design and functionality of the site meets all applicable standards, policies, and best practices. The proposed Official Plan Amendment prepared by the applicant will also need to consider all the multi -residential policies in the Official Plan, including a maximum of two apartment buildings per block and a maximum of 50 townhouse units per block. Page 70 Municipality of Clarington Page 10 Report PDS-059-25 Urban Design 10.3 The greatest density, height and massing of buildings will be at the corner of Bowmanville Avenue. Buildings are to be sited near the street line to contribute to a sense of enclosure and strong street edge and require high quality building materials. Entrances to buildings shall be visible and are to be accessed from the municipal sidewalk. Enhance main entrance features using architectural components such as canopies, pedestrian scale lighting, landscaping, benches, and using different materials. Long building facades (greater than 40 m in length) shall visibly break up the façade. Bump outs in buildings also create interest and enhance the pedestrian realm. Balconies would add to the public realm and can be recessed or integrated into the building. 10.4 Ground floors facing Bowmanville Avenue and Concession 3 should contain an active street façade by avoiding blank facades. Façade should contain transparent windows and public amenities. Figure 3 – Proposed Streetscape Elevation along Concession Road 3 Pedestrian connections 10.5 Pedestrian connections throughout the development and adjacent lands shall be comprehensively integrated to ensure safe, accessible, and continuous movement for all users. Particular attention should be given to units fronting the public realm, including arterial roads, the park, and the stormwater management pond. These units are expected to incorporate enhanced exterior elevations that contribute to a high -quality streetscape. Upgrades may include architectural detailing, varied materials, and design elements that reinforce visual interest and complement the surrounding context. Transportation Connections 10.6 The proposed development includes two vehicular access points: one from Concession Road 3 and another from Edwin Carr Street. The applicant has indicated that access to the condominium blocks will be provided through a shared easement connecting to the arterial roads. Page 71 Municipality of Clarington Page 11 Report PDS-059-25 10.7 The Clarington Official Plan requires that each condominium corporation have at least one direct vehicular access from a public street, with any additional access points permitted through shared easements. The applicant is requesting a site -specific Official Plan Amendment to allow reliance on a shared access easement for the condominium blocks. The intent of the policy is to ensure operational independence of condominium corporations and to maintain efficient traffic circulation within the development and surrounding road network. Staff will also review the proposed arrangement to confirm that emergency vehicle access and response times are not compromised. Parkland 10.8 Parkland dedication requirements for the subject lands were considered comprehensively with the larger draft plan of subdivision area. The proposed park within this development will be one of the last parks to be dedicated to fulfill all the parkland dedication requirements under the Planning Act for the subdivision. Affordable Housing 10.9 The Clarington Official Plan policies encourage the development of affordable housing, and the Province has exempted affordable units from development charges and parkland dedication. The applicant states in the Planning Justification Report that it is premature to predict the marketing details given where the development application is within the approval process and ongoing market conditions. The Owner’s intention is to develop freehold townhouses on a private condominium road, and the mid-rise/mixed- use apartment buildings are intended to be standard condominium tenure. There may be future opportunities for purchasers to rent their units or potentially create ADU’s within the townhouses. 10.10 Staff will continue to have ongoing discussions with the Own er to encourage the inclusion of affordable housing units and discuss the incentives and benefits. This would include containing some purpose-built rental units at affordable market rates. Further discussions with the Owner in this regard will be required and would be discussed in the recommendation report. 11. Financial Considerations 11.1 Not applicable, as this is an information report. 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. Page 72 Municipality of Clarington Page 12 Report PDS-059-25 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 applications for an Official Plan Amendment and Zoning By-law Amendment for 771 residential units and 2,000 square metres of commercial floor space, at the Statutory Public Meeting. 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. 15.2 Staff Contact: Nicole Zambri, Senior Planner, (905) 623-3379 x 2422 or nzambri@clarington.net. Attachments: Attachment 1 – Applicant Proposed Clarington Official Plan Amendment Attachment 2 – Applicant Proposed Zoning By-law Amendment Attachment 3 – Applicant Proposed Overall Site Concept Plan Interested Parties: List of Interested Parties available from Department. Page 73 JUNE 2025 OFFICIAL PLAN of the MUNICIPALITY OF CLARINGTON PLANNING AREA AMENDMENT NO. XXX To amend the Municipality of Clarington Official Plan, as amended. Part of Lot 14, Concession 3 Municipality of Clarington Attachment 1 to Report PDS-059-25 Page 74 2 JUNE 2025 OFFICIAL PLAN of the CLARINGTON PLANNING AREA AMENDMENT NO. XXX To amend the Municipality of Clarington Official Plan, as amended. This Official Plan Amendment was adopted by the Corporation of the Municipality of Clarington, By- law No. - in accordance with the Planning Act, R.S.O., 1990 c.P.13, as amended, on the day of __________ , 2025. Adrian Foster Mayor June Gallagher Municipal Clerk Page 75 3 JUNE 2025 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY- LAW NO. XXX Being a by-law to adopt Amendment No. XXX to the Municipality of Clarington Official Plan, as amended. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, IN ACCORDANCE WITH THE PROVISIONS OF THE PLANNING ACT, R.S.O., 1990 HEREBY ENACTS AS FOLLOWS: 1.THAT Amendment No. XXX to the Municipality of Clarington Official Plan, as amended, attached hereto, is hereby adopted. 2.THAT this by-law shall come into force and take effect on the date of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS DAY OF __________, 2025. June Gallagher Municipal Clerk Adrian Foster Mayor Page 76 4 JUNE 2025 CONTENTS PART I - INTRODUCTION 1.GENERAL ............................................................................................................................................................. 6 2.LOCATION ........................................................................................................................................................... 6 3.PURPOSE ............................................................................................................................................................ 6 4.BASIS ...................................................................................................................................................................... 6 PART II - THE OFFICIAL PLAN AMENDMENT 1.THE OFFICIAL PLAN AMENDMENT .................................................................................................. 8 2.IMPLEMENTATION AND INTERPRETATION ............................................................................... 8 3.SCHEDULE “A” Page 77 5 JUNE 2025 PART I - INTRODUCTION (This is not an operative part of Official Plan Amendment No. XXX) Page 78 6 JUNE 2025 PART I - INTRODUCTION 1.0 GENERAL 1.1 PART I - INTRODUCTION, is included for information purposes and is not an operative part of this Official Plan Amendment. 1.2 PART II - THE OFFICIAL PLAN AMENDMENT constitutes Official Plan Amendment No. XXX to the Municipality of Clarington Official Plan, as amended. Part II is an operative part of this Official Plan Amendment. 2.0 LOCATION The Amendment to the Municipality of Clarington Official Plan, as amended, applies to a 4.63-hectare (11.4 acre) site, legally known as Part of Lot 14, Concession 3, in the Municipality of Clarington (the ‘Subject Lands’). The Subject Lands are located at the northeast corner of the intersection of Concession Road 3 and Bowmanville Avenue (Regional Road 57) within the Bowmanville community, as shown on Schedule “A” to this Amendment. 3.0 PURPOSE The purpose of this Amendment is to permit a maximum building height from six (6) storeys to nine (9) storeys within the Local Corridor designation and permit a condominium corporation(s) access to a public street via a private condominium road through an easement(s). 4.0 BASIS OF THIS OFFICIAL PLAN AMENDMENT The subject lands are designated ‘Urban Residential’ and ‘Neighbourhood Centre’ on Map A3 – Land Use of the Municipality of Clarington Official Plan, as amended. Further, the lands are located along Concession Road 3, which is identified as a ‘Local Corridor’ on Map B – Urban Structure and considered an intensification corridor. The ‘Urban Residential’ designation is to be predominantly used for housing purposes but may also permit small scale service and neighbourhood retail commercial uses, home-based occupation uses, parks, schools, and community facilities. The ‘Neighbourhood Centre’ designation is intended to serve as a focal point for residential neighbourhoods and provide a range of retail and service uses to meet day to day needs. The maximum amount of gross leasable floorspace in any one Neighbourhood Centre shall be 5,000 square metres. The proposed residential and commercial uses are generally permitted within the existing designations; however, based on the form of the development, certain site-specific amendments are required. Page 79 7 JUNE 2025 PART II - THE OFFICIAL PLAN AMENDMENT (This is an operative part of Official Plan Amendment No. XXX) Page 80 8 JUNE 2025 PART II – THE OFFICIAL PLAN AMENDMENT 1.0 THE OFFICIAL PLAN AMENDMENT 1.1 The Municipality of Clarington Official Plan, as amended, is hereby amended by the addition of the number XXX to the list of amendments, to be placed in numerical order including any required grammatical and punctuation changes. 1.2 Notwithstanding the provisions of Section 9.4.5.e) of the Municipality of Clarington Official Plan, each condominium corporation block shall have direct street frontage and vehicular access to a public street via a private condominium road through an easement(s). 1.3 Notwithstanding the provisions of Section 4.3, Table 4-3 of the Municipality of Clarington Official Plan, the maximum height (storeys) for mid-rise buildings along Local Corridors shall be nine 9 storeys. 2.0 IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan, as amended, regarding the implementation and interpretation of the Plan, shall apply in regard to this Amendment, except as specifically provided for in this Amendment. This Amendment shall be implemented by an amendment to the Zoning By-law, in conformity with the provisions of this Amendment. This Amendment to the Municipality of Clarington Official Plan, as amended, is exempt from the approval by the Region of Durham. Following adoption, notice of Council’s decision will be given in accordance with the Planning Act, and the decision of Council is final, if a notice of appeal is not received before or on the last day for filing an appeal. Prior to Council’s decision becoming final, this Amendment may be modified to incorporate technical amendments to the text and schedule(s). Technical amendments are those minor changes that do not affect the policy or intent of the Amendment. For such technical amendments, the notice provisions of Section 7.13(c) of Part II of the Municipality of Clarington Official Plan, as amended, shall not apply. Page 81 SUBJECT LANDS 64 JARDIN DRIVE - UNIT 1B, CONCORD, ONT. L4K 3P3 PLANNING PARTNERS INC. PHONE (905) 669-4055 FAX (905) 669-0097 design@klmplanning.com Planning Design Development File No.: 2941- OPA Schedule AOP AMENDMENT No. XXX SCHEDULE A Date: July 2021 Page 82 Draft: June 5, 2025 The Corporation of the Municipality of Clarington By-law Number 2025-_______ Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2025-_____; Now therefore the Council of the Municipality of Clarington enacts as follows: 1.Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Agricultural Exception (A-1) Zone” to “Mixed Use 3 Exception BB (MU3-BB) Zone, and Urban Residential Type 3 Exception CC (R3-CC) Zone”; and, as illustrated on the attached Schedule ‘A’ hereto. 1.1.The following provisions shall apply to all zones on the attached Schedule ‘A’ hereto: Parking Area Regulations Notwithstanding the provisions of 3.16, parking spaces and areas shall be provided as follows: a.Minimum Parking Space Dimensions a.90-degrees i.Width 2.75 metres ii.Length 5.7 metres b.Parallel i.Width 2.75 metres ii.Length 6.7 metres c.Parallel (End Space) i.Width 2.75 metres ii.Length 7.0 metres b.Compact Motor Vehicle Parking a.The minimum width of a parking space devoted to and for the exclusive use of a compact motor vehicle shall be 2.4 metres. b.The minimum length of a parking space devoted to and for the exclusive use of a compact motor vehicle shall be 4.8 metres. c.For uses other than a single detached dwelling, semi- detached dwelling, street townhouse dwelling, block townhouse dwelling, or back-to-back townhouse dwelling, a maximum of 10% of the total required parking spaces Attachment 2 to Report PDS-059-25 Page 83 Draft: June 5, 2025 shall be permitted for the purpose of compact motor vehicle parking. d.A parking space allocated to a compact motor vehicle shall be demarcated for the exclusive use of a compact motor vehicle and maintained as such. c.Accessible Parking Space(s) a.The total number of accessible parking spaces shall be interpreted in accordance with the following: i.Where an even number of accessible parking spaces are required, an equal number of Type A and Type B barrier-free parking spaces shall be provided. ii.Where an odd number of accessible parking spaces are required, the number of accessible parking spaces must be divided equally between a Type A and a Type B accessible parking space, while the remainder may be provided as a Type B barrier-free parking space. b.A ‘Type A’ accessible parking space minimum dimension shall be: i.3.4 metres wide by 5.7 metres in length; c.A ‘Type B’ accessible parking space minimum dimension shall be: i.2.4 metres wide by 5.7 metres in length; d.Access aisles may be shared by two parking spaces for the use of persons with disabilities in an off-street parking facility and must meet the following requirements: i.They must have a minimum width of 1,500 mm. ii.They must extend the full length of the parking space. iii.They must be marked with high tonal contrast diagonal lines, which discourages parking in them, where the surface is asphalt, concrete or some other hard surface. O. Reg. 413/12, s. 6. 1.2. By adding the following subsection 16.A.7.BB: 16A.7.BB Notwithstanding the respective provisions of Section 3.12, 3.16 and 16A, those lands zoned MU3-BB on the Schedule to this By-law shall, in addition to all other uses and regulations of the MU3 zone, be subject to the following requirements: Permitted Uses a.No person shall within the Mixed Use (MU3) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i)all uses permitted under Section 16.A.2; ii)The following additional Uses shall be permitted: a.Park (public or private). Page 84 Draft: June 5, 2025 Regulations a.The lot line abutting Concession Road 3 shall be deemed to be the front lot line; b.The lot line abutting Regional Road 57 shall be deemed to be the exterior side lot line; c.The minimum Interior Side Yard shall be 0.0 metres; d.Minimum number of parking spaces based on the gross floor area of bank, professional office, retail commercial establishments and personal service shop shall be 1 parking space for every 40 square metres of gross floor area. e.A minimum planting strip abutting R3-CC Zone shall not apply. f.With the exception of grocery store/supermarket or pharmacy any individual store shall have a maximum of 300 square metres of gross leasable floor area. g.The maximum amount of gross leasable floorspace shall be 5,000 square metres. h.Section 3.16.i.ii) shall not apply. i.The minimum distance between a parking space and a building where a walkway is located beside the building is 2.0 metres. j.Setback to a sight triangle shall be 1.0 metres; k.Notwithstanding any provisions to the contrary, no more than one (1) loading space shall be required per building, regardless of the number of units; l.The maximum height shall be 9 storeys; m.The minimum setback to a below-grade parking structure shall be 0.0 m; and, n.An intake shaft that is incidental to a below-grade parking structure shall have a minimum setback of 0.0 m from any lot line and may be located in any minimum yard. 14.6.CC Notwithstanding the respective provisions of Section 3.12, 3.16, 14.3 and 14.6, those lands zoned R3-CC on the Schedule to this By-law shall, in addition to all other uses and regulations of the R3 zone, be subject to the following requirements: Definitions a.For the purposes of this section, a Street Townhouse Dwelling shall mean one of a group of three or more attached dwelling units, separated vertically, each of which has an independent entrance and fronts onto an improved public street or private condominium road. Permitted Uses a.No person shall within the Urban Residential Type Three (R3) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i.all uses permitted under Section 14.1; ii.The following additional Residential Uses shall be permitted: i.A Stacked Townhouse Dwelling. Page 85 Draft: June 5, 2025 Regulations – Street Townhouse Dwellings a.The minimum exterior side yard shall be 3.0 metres; b.The maximum height shall be 11 metres; c.The minimum rear yard shall be 6.0 metres; d.The minimum exterior side yard shall be 3.0 metres; Regulations – Stacked Townhouse Dwelling a.A maximum of 50 stacked townhouses shall be permitted; b.Maximum block length shall be 45 metres; c.The minimum front yard setback shall be: a.3.0 metres to a dwelling and 5.7 metres to a garage; d.The front yard for Blocks 18-22 shall be deemed to be the private street; e.The rear yard shall be 3.5 metres, except for Block 19 which shall be 3.0 metres; f.The minimum interior side yard setback shall be: a.4.5 metres; b.Except when abutting an outdoor amenity area or a street, which shall be 1.5 metres. g.The maximum building height shall be 3.0 storeys or 13.0 metres; h.Landscape open space minimum shall be 30 percent; i.The minimum parking requirements shall be 2 parking spaces per dwelling unit; and, j.For the end unit of Block 18, a minimum parking space length of 4.3 metres shall be required. Page 86 Draft: June 5, 2025 EXPLANATORY NOTE BY-LAW 2025-_______ A By-law to amend By-law 84-63, as amended. Part of Lot 14, Concession 3 The proposed development contemplates a mix of stacked townhouses and freehold townhouses within a common element condominium, two (2) mixed-use residential buildings with a maximum height of nine-storeys and, two (2) mid-rise residential apartment buildings and public park in the form of a public square. Lands Affected The proposed by-law amendment applies to 4.63 hectares (11.4 acres) of land, located at the northeast corner of Bowmanville Avenue and Concession Road 3. Existing Zoning By-law 84-63, as amended, currently zones the subject lands as Agricultural (A-1). Purpose and Effect The purpose and effect of this By-law is to amend By-law 84-63, as amended, to rezone the lands from “Agricultural Exception (A-1) Zone” to “Mixed Use 3 Exception BB (MU3- BB) Zone, and Urban Residential Type 3 Exception CC (R3-CC) Zone” in order to facilitate the proposed development. Page 87 This is Schedule “A” to By-law 2025-____, based this ___ day of ____________, 2025 A.D. Zoning Changing From “A-1" to “MU3-BB” Zoning Changing From “A-1" to “RU3-CC” Bowmanville - ZBA 2025-____ - Schedule _ N Page 88 WALKWAYBUILDING 'D' STAIR A STAIR DRETAIL 7 RETAIL 8 ELEVATOR LOBBYELEVATOR LOBBYVEST. MOVING RM. CONCIERGE STAIR B VEST. CACFSTAIR CEXERCISE STUDIO PM OFFICE YOGA WEIGHTS LOUNGE MAIL & PARCELS SITTING EXIT CORRIDOR EXIT CORRIDOREXIT CORRIDORRETAIL 6 RETAIL 5 RETAIL 4 RETAIL 3 RETAIL 2 RETAIL 1 BUILDING 'A' Mixed-Use 2-ELEV. 1-ELEV. JAN. EXIT CORRIDOR WALKWAY RESIDENTIAL SECONDARY ENTRANCE ELEVATOR LOBBY STAIRSTAIRRETAIL DELIVERY SITTING JANITOR MAIL DROP-OFF VEST. MAIL& PARCELS Type "B" loading space:length of 11.0 mwidth of 3.5vertical clearance of 4.0 m VEST.EXIT CORRIDORCACF EXIT CORRIDORPM OFFICE BUILDING 'B' Mixed-Use EXIT 2-ELEV.1-ELEV.WALKWAYTYPE 'A' AISLE WALKWAY RETAILDELIVERY GREEN SPACE TYPE 'A'WALKWAYType "B" loading11m x 3.5m x 4mPLANTERPLANTERPLANTERPLANTER DROP OFF AREA COMMERCIALDELIVERY COMMERCIAL PARKINGMAINENTRY EXIT MAINENTRANCE WALK WAY DROP OF LAY-BY SERVICE ROUTE exit stairfrom U/G open exit stairfrom U/G WALKWAYGREEN SPACE WALKWAY WALKWAYPLANTER AISLE WALKWAYPROPOSED 3.0m ASPH. MUP RETAIL 1RETAIL 2RETAIL 3RETAIL 4RETAIL 5RETAIL 6RETAIL 7RETAIL 8 RAMP DN PHASE 1PHASE 2 PHASE 3PHASE 2 PHASE 3 PHASE 1 PROPERTY LINE CONCESSION ROAD 3 DRIVEWAY 'B'DRIVEWAY 'A'17 EXTRA RAMP DN LANDSCAPINGRefer to landscape dwgs CONCRETE STAGING PADNO PERMANENTSTORAGE CONCRETE STAGING PADNO PERMANENTSTORAGE DROP OFF LAY-BYexit stairfrom U/G WALKWAYSERVICE ROUTE EXIT WALKWAYEXIT SERVICE ROUTE WALKWAY LINE OF U/G GARAGELINE OF U/G GARAGEWALK.ENTRY RETAILREFUSE STAIR C SECONDARY ENTRANCE MOVING RM.MAIL DROP-OFFMAIL& PARCELS CACF LOBBYVEST. PM OFFICESTAIR BSTAIR BEXIT CORRIDOR EXIT CORRIDOR JAN. EXIT R = 1 1 mR=11mR = 9m R=9mR=6mR= 6m R=9mR=9m R= 9 m R= 9 m R=9m R= 9 m R=9mR= 9mEXIT CORRIDOREXIT R = 2 . 5 m R=9m LINE OF U/G GARAGE R=3mR = 3m GAMES ROOM 32 VISITOR BIKES PARTY ROOM 1 PROPERTY LINETYPE 'A'AISLER=9m 96 units308 units 179 units 07 12 1323 24 38 EXIT CORRIDOR06 TYPE 'A' 01 AISLE 72 66 59 58535239 TYPE 'A' 73 COMMERCIAL PARKING COMMERCIAL PARKING COMMERCIAL PARKING COMMERCIAL PARKING 82 total: 82 CARS (req'd 65 spaces)WALKWAYBUILDING 'C' RESIDENTIAL SHORTTERM BIKES 11sp WALK SHORT TERM BIKES17sp SHORT TERM BIKES 8spTH VISITOR PARKINGtotal: 10 CARSV34 EXIT MAINENTRANCER=13 m R= 1 3 m DRIVEWAYDRIVEWAYDRIVEWAY R=13mDRIVEWAYLINE OF U/G GARAGELINE OF U/G GARAGEDRIVEWAY SETBACK WALKWAY RETAILREFUSE WALKWAY WALKWAYTYPE 'A'COMMERCIAL PARKING R=13 m R= 1 3 m SETBACKDRIVEWAY DROP OFF LAY-BY WALKWAY R=13 m R= 13 m RETAIL 4a V25 WALKWAY BUILDING ABOVE SETBACKSETBACK SETBACKSETBACKDRIVEWAYSIAMESECONNECTION CONFERENCE ROOM PARTY ROOM 2 SHORT TERM BIKES 12sp TRANSFORMERSWITCHGEARF/ASHAFT F/ASHAFT1.5m WALKWAYBUILDING ABOVE F/ASHAFT BUILDING ABOVE 2m WALKWAY LINE OF U/G GARAGE R= 1 3 m R=13 m PROPOSED 3.0m ASPH. MUPBUILDING ABOVEPROPOSED 3.0m ASPH. MUP CONCESSION ROAD 3 PROPOSED 3.0m ASPH. MUP 53 units CONCRETE WALKWAYCONCRETE WALKWAYR=13.5mR=13.5m PLANTER PLANTER PLANTER SETBACK SETBACKSETBACKWALKWAY SETBACKSETBACKSETBACK SETBACK SHORT TERM BIKES8sp SETBACK LOW-RISEHIGH-RISESTAIR CSTAIR A CONCI ERGEVEST. MOVING RM. EXERCISE STUDIO EXIT CORRIDOR EXIT CORRIDOREXIT CORRIDORMAIL DROP-OFFSTAIR BEXIT CORRIDORLOBBY PARTY ROOM MAIL& PARCELS BALCONY ABOVEYOGA INDOOR AMENITY INDOOR AMENITY CACF PROPERTY LINE LINE OF U/G GARAGE PROPERTY LINE LINE OF U/G GARAGE PROPERTY LINE LINE OF U/G GARAGEPROPERTY LINEV09V5 1. 6 0 m C O N C . S I D EW A L KR=9.016*'4.#0&5190'&$;#22.+%#06 WALKWAYWALKWAY WALKWAY CONCESSION ROAD 3R= 9m V8 V14 R=9mR=13mR=9mR = 1 3 m WALKWAY R = 1 3 m R=9mR=13 mR=9mR=13mR=9mR = 1 3 m R=9mWALKWAYWALKWAY DRIVEWAY 'C'DRIVEWAYDRIVEWAY R=9.75mR=13mSERVICE ROUTE SERVICE ROUTE DRIVEWAY WALKWAYSERVICE ROUTEDRIVEWAY V24 SETBACKSETBACK R=13mR=13mR= 9 m R=7.5mR= 7 . 5 m DRIVEWAYWALKWAYSERVICE ROUTEV15 SETBACKV1 V4 V17 1800 HT. WOOD FENCE METER ROOM 4 VISITORBIKES MAILDROP-OFF MOVING RM. CONCIERGE PATIO SIAMESECONNECTION 2m WALKWAY 2m WALKWAYA104 1:400 File:H:\Acad SRN Projects\S19067 Highcastle.Bowmanville\ACAD Drawings\01 DESIGN\S19067_A101-A202(Site Plan-UG).dwg Plotted: May 20, 2025 By:gary C SRN ARCHITECTS INC. 2022 ISSUED FOR:DATE:NO: ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR PRIOR TO COMMENCEMENT OF ANY WORK. ANY DISCREPANCIES MUST BE REPORTED DIRECTLY TO SRN ARCHITECTS INC. THESE DRAWINGS ARE NOT TO BE SCALED: DRAWING NUMBER: REVISION COMMENT:DATE:NO: DATE: 2021.02.17 CLIENT: PROJECT NUMBER: PROJECT: DRAWING TITTLE: CHECKED BY: GFDRAWN BY: AS SCALE: 8395 JANE STREET, SUITE 202 VAUGHAN, ONTARIO. L4K 5Y2 PHONE: 905.417-5515 FAX: 905.417-5517 17/11/23 ISSUED FOR SPA4 ADDITIONAL NOTES: THE DRAWING, AS AN INSTRUMENT OF SERVICE, IS PROVIDED BY AND IS THE PROPERTY OF SRN ARCHITECTS INC. THE CONTRACTOR MUST VERIFY AND ACCEPT RESPONSIBILITY FOR ALL DIMENSIONS AND CONDITIONS ON SITE AND MUST NOTIFY SRN ARCHITECTS INC. OF ANY VARIATIONS FROM THE SUPPLIED INFORMATION. SRN ARCHITECTS INC. IS NOT RESPONSIBLE FOR THE ACCURACY OF SURVEY, STRUCTURAL, MECHANICAL, ELECTRICAL. ETC. ENGINEERING INFORMATION SHOWN ON THIS DRAWING REFER TO APPROPRIATE ENGINEERS DRAWINGS BEFORE PROCEEDING WITH ANY WORK. CONSTRUCTION MUST CONFORM TO ALL APPLICABLE CODES AND REQUIREMENTS OF THE AUTHORITIES HAVING JURISDICTION (UNDERTAKEN OTHERWISE NOTED). NO INVESTIGATION HAS BEEN OR REPORTED ON BY THIS OFFICE IN REGARDS TO THE ENVIRONMENTAL CONDITION OF THIS SITE. CONDITIONS FOR ELECTRONIC INFORMATION TRANSFER: ELECTRONIC INFORMATION IS SUPPLIED TO THE OTHER ASSOCIATED FIRMS TO ASSIST THEM IN THE ERECTION OF THEIR WORK/REVIEW. THE RECIPIENT FIRMS MUST DETERMINE THE COMPLETENESS/APPROPRIATENESS/ RELEVANCE OF THE INFORMATION IN RESPECT TO THEIR PARTICULAR RESPONSIBILITY. FOR ALL SITE LIGHTING INSTALLATIONS, REFER TO ELECTRICAL ENGINEERING SITE LIGHTING DRAWINGS. ILLUSTRATIONS ON THIS PLAN ARE COORDINATED TO THE LATEST ELECTRICAL SITE PLAN. NOT F O R C O N S T R U C TI O N 2265719 Ontario Inc. 7600 Highway 27, Unit 1 Woodbridge, ON, L4H 0P8 Tel: (905) 264-5565 17/11/21 OPA / ZBA / SPA1 16/07/21 OPA / ZBA / SPA2 18/11/21 CLIENT REVIEW3 Neighbourhood Centre Proposed Mixed use development NORTHGLEN PHASE 5 BOWMANVILLE, ONT. 09/05/25 RE-ISSUED FOR SPA5 $WWDFKPHQWWR5HSRUW3'6 Page 89 Owner: Peavey Management Inc. Applicant: Zelinka Priamo Ltd Application Details: •Applications for an Official Plan and Zoning By-law Amendment to permit a supermarket use within the existing buildings.No changes are proposed to the existing access from Baseline Road or to the current parking layout. Statutory Public Meeting COPA -2025-0014 and ZBA-2025-0019 Location: 91 & 95 Baseline Road West, Bowmanville Meeting Date: November 10, 2025 Page 90 Proposed No Frills Supermarket Official Plan Amendment and Zoning By-law Amendment 91 and 95 Baseline Road West Clarington (Bowmanville), ON Public Meeting November 10, 2025 Prepared by Zelinka Priamo Ltd. (COPA2025-0014 and ZBA2025-0019) Page 91 Figure 2 Aerial Photo: Site Context Subject Lands Note: Boundary and location are approximate (COPA2025-0014 and ZBA2025-0019) Page 92 Figure 3 Photos of the Subject Lands View south from Baseline Road West towards subject lands View west from Highway 401 Ramp towards subject lands (COPA2025-0014 and ZBA2025-0019) Page 93 Figure 4 Preliminary Elevations (COPA2025-0014 and ZBA2025-0019) Page 94 Figure 5 Site Plan Concept (Zoom View) (COPA2025-0014 and ZBA2025-0019) Baseline Road West Page 95 Figure 6 Clarington Official Plan: Map A3 Land Use Bowmanville Urban Area Subject Lands (COPA2025-0014 and ZBA2025-0019)Note: Boundary and location are approximate Page 96 Figure 7 Note: Boundary and location are approximate Clarington Zoning By-Law 84-63, as Amended Subject Lands (COPA2025-0014 and ZBA2025-0019) Page 97 Proposed No Frills Supermarket Official Plan Amendment and Zoning By-law Amendment Prepared by Zelinka Priamo Ltd. (COPA2025-0014 and ZBA2025-0019) Page 98 Public Meeting and Recommendation Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 10, 2025 Report Number: PDS-061-25 Authored By: Shrija Vora, Planner II Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Numbers: COPA2025-0014, ZBA2025-0019 Cross Reference: SPA2025-0024 Resolution#: Report Subject: Official Plan and Zoning By-law Amendment applications to permit a supermarket at 91 and 95 Baseline Road West, Bowmanville Purpose of Report: The purpose of this report is to provide information to the public and recommend approval if there are no major concerns raised from the public. Recommendations: 1. That Report PDS-061-25 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 Official Plan and Zoning by-law Amendment applications to permit a supermarket use; and 3. That the Clarington Official Plan amendment application submitted by the applicant, be supported and the Official Plan Amendment in Attachment 1 to this report be approved; 4. That the Zoning By-Law amendment application submitted by the applicant be supported and the By-law in Attachment 2 to this report be approved; 5. That all interested parties listed in Report PDS-061-25 and any delegations be advised of Council’s decision. Page 99 Municipality of Clarington Page 2 Report PDS-061-25 Report Overview Zelinka Priamo Ltd., on behalf of Peavey Management Inc. C/O Loblaw Companies Limited, has submitted applications for an Official Plan Amendment and a Zoning By-law Amendment to permit a supermarket use at the property located at 91 and 95 Baseline Road West, Bowmanville. No changes are proposed to the existing footprint of the building, no additional access from Baseline Road has been requested and there is no proposed change to the existing parking layout. The purpose of this report is to obtain public input. If no significant issues are raised by the public, then staff recommends that Council approve the Official Plan Amendment and Zoning By-law Amendment contained in Attachment 1 and Attachment 2 of Report PDS-061-25. 1. Additional Details 1.1 Owner/Applicant: Peavey Management Inc. C/O Loblaw Companies Ltd 1.2 Agent: Zelinka Priamo Ltd 1.3 Proposal: Official Plan Amendment & Zoning By-law Amendment To permit the use of a supermarket 1.4 Area of Existing Lot: 2.25 hectares (5.55 acres) 1.5 Location: 91 and 95 Baseline Road West, Bowmanville (See Figure 1) 1.6 Roll Number: 1817-020-120-04900 Page 100 Municipality of Clarington Page 3 Report PDS-061-25 Figure 1: Subject Property 2. Background 2.1 On August 19, 2025, the Municipality received an Official Plan Amendment, Zoning By- law Amendment and a Site Plan Amendment application to permit a supermarket within the existing vacant building on the subject site. 2.2 Loblaw Companies Limited is proposing to renovate the existing vacant commercial building on the subject lands to accommodate a No-Frills Supermarket within the existing building. 2.3 The proposed renovation of the existing building includes overall enhancements to both the interior and exterior façades to reflect No-Frills branding, with no major structural changes proposed. The existing on-site loading areas and access to the property will remain unchanged. A total of 86 parking spaces are existing out of which two existing spaces are proposed to be converted for cart corrals and existing spaces to be converted into two additional accessible parking spaces. Page 101 Municipality of Clarington Page 4 Report PDS-061-25 3. Land Use Characteristics and Surroundings Uses 3.1 The subject property is a regular shaped lot with an area of approximately 2.25 hectares (5.55 acres). The subject lands contain a vacant building formerly occupied by Peavey Mart. The surrounding uses are as follows (see Figure 1):  a) North – Low rise residential dwellings b) West - A vacant land parcel c) East – Ramp to Highway 401 Westbound d) South – Highway 401 4. Provincial Policy Provincial Planning Statement (PPS 2024) 4.1 The Provincial Planning Statement (PPS 2024) encourages planning authorities to support achievement of healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types an d development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. Municipal officials plan, secondary plans, and neighbourhood design plans support the PPS through land use designations and policies. General Policies for Strategic Growth Area within PPS encourages to permit development and intensification in strategic growth areas to support achievement of complete communities and a compact built form. Also, any new proposed development adject to existing or planned corridor and transportation facility should be compatible with, and supportive of, the long-term purposes of the corridor and should be designed to avoid or minimize and mitigate negative impacts on and adverse effects from the corridor and transportation facilities. 4.2 The subject lands are within the existing settlement area and the proposed Supermarket within an existing building is an efficient use of the land and will utilize existing services and infrastructure that is in close proximity to a transportation corridor. 4.3 The proposal is consistent with the Provincial Planning Statement. Page 102 Municipality of Clarington Page 5 Report PDS-061-25 5. Official Plans Durham Regional Official Plan (Envision Durham) 5.1 Envision Durham designates the subject property as “Community Area”. The objective of “Community Areas” is to develop complete communities that address various socio- economic factors, providing a range of housing, transportation, and lifestyle choices, and creating opportunities for residents to live, shop, work, and access services and amenities within their community. 5.2 The proposal conforms with the Durham Region Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the subject lands “Gateway Commercial Centre” and “Environmental Protection Areas”. The westerly portion of the site is primarily within the floodplain limits. Given that this area is already developed, the proposal to add the supermarket use to operate within the existing building does not pose any further risks. 5.4 CLOCA has confirmed that since the applicant has indicated no site works or modifications to the existing grading, parking lot, driveway entrance, or loading ar ea are required to facilitate the building’s conversion to a supermarket, no additional technical drawings or reports are necessary. CLOCA has no concerns with the proposed new use. 5.5 The Gateway Commercial Centre is intended to serve the specialized needs of residents and attract tourists and visitors to the Municipality. They generally require large parcels of land to accommodate certain types of large format retailers, and benefit from direct exposure to high volumes of traffic. 5.6 Gateway Commercial Centres are to be designed with a mix of building forms such as plazas and freestanding structures, maintaining consistent setbacks and a cohesive architectural style. They should ensure safe and efficient vehicle movement through road improvements, shared access, and internal circulation, while also providing defined pedestrian walkways. Parking areas must be convenient and well-screened with landscaping. The “Gateway Commercial Centre” land use designation permits the following;  Retail and service commercial uses including hotels, warehouse-style stores excluding department stores and grocery stores, and home furnishing uses;  Financial institutions;  Business, professional and medical offices;  Restaurants;  Limited number of complementary smaller retail stores and personal use services; and  Community facilities Page 103 Municipality of Clarington Page 6 Report PDS-061-25 5.7 The existing land use policies in the Clarington Official Plan do not permit a supermarket within Gateway Commercial Centre and therefore an Official Plan Amendment is required. A retail market analysis was not requested, as the proposed use represents a like-for-like replacement within the existing building, with no change to its size, scale, or overall function. The proposed Official Plan Amendment introduces a policy to permit a supermarket use on the subject lands. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject property as “Special Purpose Commercial Exception (C5-13) Zone” and “Environmental Protection (EP) Zone” within Zoning By- Law 84-63. A portion of the property includes a floodplain hazard which represents the “EP” zoning on the subject property. 6.2 The owner is seeking an amendment to the “Special Purpose Commercial Exception (C5-13) Zone” in order to permit a supermarket that would facilitate the proposed redevelopment of the subject site. 7. Summary of Background Studies 7.1 The Owner’s consultant submitted following technical reports and studies in support of the application. A summary of their conclusions is provided below: Planning Justification Report and Urban Design Brief, Zelinka Priamo Ltd. August 2025 7.2 A Planning Justification Report and Urban Design Brief was prepared and submitted by Zelinka Priamo Ltd. in support of the additional supermarket use. The No Frills Supermarket is proposed within an existing building on the subject lands with n o changes proposed to the existing driveway access to Baseline Road West or the existing parking provided on-site (aside from two existing parking spaces that are proposed to be utilized for cart corrals and existing spaces that are proposed to be converted into two additional accessible parking spaces). 7.3 In conformance with the Urban Design policies of the Clarington Official Plan, the proposed No Frills Supermarket will refresh an existing vacant building, where as part of the proposed renovation and with details to be determined through the Site Plan Amendment application: • Additional trees will be proposed along the Baseline Road West frontage; • A bike rack with 6 parking spaces is proposed; • Shopping carts will be stored in new cart corrals; • Loading and refuse pickup will occur within the existing loading area, which is screened from public view; and • The existing elevations will be updated to reflect the No Frills branding and signage as shown on the preliminary elevations. Page 104 Municipality of Clarington Page 7 Report PDS-061-25 7.4 The proposed elevations massing of the existing one-storey building that is compatible in scale with nearby existing buildings and is not proposed to change. In addition, the proposed elevations demonstrate the change to the exterior finishes, colours and signage to reflect the No Frills Supermarket. Accordingly, the proposed Supermarket within the existing building is compatible with the scale, built form, and character of the surrounding area and there are no anticipated impacts upon adjacent sites. Phase 1 Environmental Site Assessment, WSP Canada Inc., June 2025 7.5 A Phase One Environmental Site Assessment (ESA) prepared by WSP Canada Inc. identified potential environmental concerns related to the site’s historical and surrounding uses. The property was historically used as a tree nursery between approximately 1927 and 2005. Additionally, a full-service oil change facility (Liberty Lube) and a Pioneer Gas Station are located about 30 metres northeast at 146 Liberty Street South. These facilities have operated since around 1993 a nd contain underground gasoline storage tanks. 7.6 The Phase One ESA concluded that, based on the information reviewed, no environmental concerns were identified on the subject site. The surrounding land uses and activities were not considered potential environmental concerns due to their distance from the site, the inferred hydrogeologic conditions, and the absence of evidence indicating any contaminant release to the subsurface. 7.7 Existing Stormwater Management and Erosion and Sediment Control on Site, ODAN/DETECH Consulting Engineers, July 2025 7.8 A letter was prepared by a qualified professional from ODAN/DETECH Group Inc. that provided confirmation that there are no proposed modifications to the site grading, parking lot, driveway entrance, loading area, or stormwater management system required to accommodate a supermarket use within the building on existing infrastructure capacity. 8. Public Notice and Submissions 8.1 Given the Canada Post strike, Public Notices were sent out by courier to residents within 120 metres of the subject lands, on October 21, 2025. Two public meeting signs were installed on the subject lands fronting Baseline Road and ramp to 401 westbound. Details of the proposed application were also posted on the Clarington Connect website. 8.2 At the time of writing this report, no public comments were received. 9. Departmental and Agency Comments 9.1 A list and summary of the agency and internal department comments received, at the time of writing this report, can be found in Attachment 3. Page 105 Municipality of Clarington Page 8 Report PDS-061-25 10. Discussion 10.1 The applicant is proposing to amend the Official Plan and Zoning By-law to add a use permission to permit a supermarket on the subject site. 10.2 The proposed Official Plan Amendment and Zoning By-law Amendment for the proposed No Frills Supermarket are consistent with the 2024 Provincial Planning Statement and conform with the applicable policies of the Durham Region Official Plan. 10.3 An application for site plan approval has been submitted concurrently with the OPA and ZBA applications. 10.4 Planning Staff are of the opinion that permitting a supermarket within the Gateway Commercial designation does not detract from the intent of the restricted uses within this designation. The use is similar to what was previously permitted (a farm equipment and supply store) and the proposal would utilize an existing vacant building while responding to the evolving needs of the community. The site is already fully serviced, allowing for an efficient and sustainable reuse of existing infrastructure . A traffic Impact study was not required as the proposed use is largely a like-for-like replacement of the previous use, with no increase in building area or parking demand . 10.5 The supermarket will provide convenient access to essential goods for nearby residents, fostering walkability and reducing the need for longer trips. The location adjacent to the Highway 401 interchange would also support commuters. This not only enhances the quality of life for residents but also supports Clarington’s broader goals for economic development and community well-being. 10.6 Development of an underutilized property promotes local investment, job creation, and a more dynamic commercial environment. It is a compatible and beneficial addition to the surrounding area and achieves a more complete and resilient community. It supports the objectives for economic development and the rejuvenation of the existing commercial property. 11. Financial Considerations 11.1 Not Applicable. 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications that support and implement the creation of growing, resilient, sustainable and complete communities and connecting residents through the design of safe, diverse, inclusive and vibrant communities. The proposal aligns with Clarington’s Strategic Plan. Page 106 Municipality of Clarington Page 9 Report PDS-061-25 13. Climate Change 13.1 The environmental impacts resulting from the proposed infill development would be negligible and therefore did not necessitate the submission of an energy conservation / sustainability plan for the development. 14. Conclusion 14.1 It is respectfully recommended that public input be received and if no significant concerns are raised that Council approve the amendment to Clarington’s Official Plan and Zoning By-law 84-63 to permit a supermarket use at the subject site. If there are significant concerns raised, then it is recommended that this report be referred back to staff. Staff Contact: Shrija Vora, Planner II, (905) 623-3379 ext. 2436 or svora@clarington.net . Attachments: Attachment 1 – Official Plan Amendment Attachment 2 – Zoning By-law Amendment Attachment 3 – Department and Agency Comments Interested Parties: The following interested parties will be notified of Council's decision: Steven Kakaletris - Zelinka Priamo Ltd. Jonathan Rodger - Zelinka Priamo Ltd. Christina Kalogerakis Page 107 Attachment 1 to Report PDS-061-25 Municipality of Clarington The Corporation of the Municipality of Clarington Amendment Number 142 to the Municipality of Clarington Official Plan Purpose: To purpose of this amendment is to add a site-specific exception in order to permit a supermarket or grocery store use on the subject lands within the applicable Gateway Commercial Centres designation. Location: The subject lands are located at 91 and 95 Baseline Road West in Bowmanville and have a total area of 2.25 hectares with 125 metres of frontage along Baseline Road West. Basis: This amendment is based on an application for an Official Plan Amendment Number COPA-2025-0014, submitted by Peavey Management Inc. C/O Loblaw Companies Ltd., to permit a supermarket or grocery store use within the existing vacant building. This application was supported by a Planning Justification Report and has been reviewed by public agencies and municipal staff. Actual Amendment: The Clarington Official Plan is hereby amended by adding a Commercial exception Section 23.19.2 as follows: 1. Section 23.19.2 x. “Notwithstanding Section 10.9.1 and Section 10.9.2, in addition to the permitted Gateway Commercial Centres use permitted, on the identified lands by Assessment Role Number 1817-020- 120-04900 and municipally addressed as 91 and 95 Baseline Road West, a supermarket or grocery store use shall also be permitted.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment’ Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. File Number: COPA-2025-0014 Page 108 Attachment 2 to Municipality of Clarington Report PDS-061-25 Corporation of the Municipality of Clarington By-law Number 2025-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2025-0019; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 20.4.13 Special Purpose Commercial Exceptions (C5-13) Zone is revised by deleting and replacing b. i) as follows: b. Permitted Non Residential Uses: i) In addition to the uses permitted in Section 20.1, the subject lands may also be used for a supermarket. 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 24(2) and 34 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2025. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page 109 Attachment 3 to Report PDS-061-25 Attachment 2 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Community Growth and Ec. Dev. Department ☒ The Region has no objection to the Official Plan and Zoning By-law Amendment. Durham Region Works Department ☒ Regional Works has no objection to the Official Plan and Zoning By-law Amendment. Comments related to the Site Plan will be addressed through Site Plan Amendment application. Durham Region Transit Department ☒ Durham Region Transit has no objection to the Official Plan and Zoning By-law Amendment. Canada Post ☒ Canada Post has no objection to the Official Plan and Zoning By-law Amendment. Enbridge ☒ Enbridge has no objection to the Official Plan and Zoning By-law Amendment. Central Lake Ontario Conservation Authority (CLOCA) ☒ CLOCA has no objection to the Official Plan and Zoning By-law Amendment. Comments will be addressed through Site Plan Amendment application. Clarington Fire & Emergency Services Division ☒ Clarington Fire & Emergency Services Division has no objection to the Official Plan and Zoning By-law Amendment. Clarington Engineering Development Division ☒ Clarington Development Engineering Division has no objection to the proposal. Comments will be addressed through Site Plan Amendment application. Clarington Building Division ☒ Clarington Building Division has no objection to the proposal. A permit application has been submitted and comments from the Building Division will be addressed through the permit application process. Page 110 Owner: Suncor Energy Inc. Applicant: IGP Realty Advisors Application Details: •Application for a Zoning By-law Amendment to facilitate addition of a new eating establishment with drive-through. The eating establishment and convenience store will have a combined gross floor area of 287.5 square metres. Statutory Public Meeting ZBA-2025-0009 Location: 2305 Highway 2, Bowmanville Meeting Date: November 10, 2025 Page 111 HWY 2 at BOSWELL DR ZONING BY-LAW AMENDMENT APPLICATION PRESENTATION 1Page 112 PURPOSE OF THE APPLICATION •The purpose of the Zoning By-law Amendment application is to receive site-specific zoning for the subject lands, adding an eating establishment and drive-through as permitted uses. 2Page 113 THE REDEVELOPMENT PLAN •The subject land is proposed to be redeveloped with the replacement of the existing convenience store building with a new building containing a convenience store and an eating establishment with a drive-through •The parking area will be rearranged to accommodate 20 parking spaces, 15 parking spaces are required •Relocation of the existing 8 channel gas pumps and canopy •Bicycle parking and additional pedestrian features will be added to the site •No change to the existing car wash 3Page 114 4Page 115 5Page 116 6Page 117 7Page 118 8Page 119 PLANNING REVIEW •The proposal is consistent with the Provincial Planning Statement. •The proposal conforms with the Durham Region Official Plan. •The proposal conforms to the Clarington Official Plan. •The proposal aligns with the Clarington Strategic Plan.9Page 120 10Page 121 TRAFFIC •New traffic demand related to the redevelopment of the Petro-Canada gas station located at 2305 Highway 2 in the Town of Bowmanville can be appropriately accommodated without negatively impacting the operating conditions of Highway 2 or Boswell Drive. 11Page 122 •The proposed development of an KFC restaurant with drive-through and the reconfiguration of gas pumps is expected to produce a net increase of total site traffic in the order of 2, 12, and 8 two way trips during the weekday morning, afternoon, and Saturday peak hours, respectively. •The proposed storage length of approximately 10 vehicles prior to the pickup window for the KFC drive-through facility is sufficient to accommodate anticipated queuing demand for the KFC. •Similarly, the proposed storage length of approximately 12 vehicles prior to the ticketing station for the car wash is sufficient to accommodate its anticipated queueing. •The proposed site plan is appropriately 12Page 123 NOISE •The Noise Study was prepared by YCA Engineering Ltd. The report concludes that with the noise mitigation measures identified in the report, sound levels are expected to be in compliance with the Ministry of Environment, Conservation and Parks, and the Municipality of Clarington. •The vehicular traffic in the parking area is expected to be insignificant, due to high ambient sound level from Highway 2. •The recommendations include: 13Page 124 Recommendations •Acoustic barrier along the south and east property lines of the gas station have been taken into consideration for noise analysis purposes. •It is recommended that the occasional tanker deliveries occur from 7:00 to 19:00 only with limited idling time. •The Audio Speakers Sound Power Level should be adjusted to 80dBA or less to ensure the sound level of 45dBA is met at the closest receptor property lines. •The garbage pickup and infrequent deliveries for the proposed commercial development are recommended to occur during the daytime. •The garbage pick up and infrequent/unscheduled deliveries are generally excluded from the stationary source noise sources; however, some activities may be audible at times. 14Page 125 Public Meeting and Recommendation Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 10, 2025 Report Number: PDS-062-25 Authored By: Shrija Vora, Planner II Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Number: ZBA2025-0009 Resolution#: Report Subject: Zoning By-law Amendment application to permit an eating establishment use at 2305 Highway 2 Purpose of Report: The purpose of this report is to provide information to the public and recommend approval if there are no major concerns raised from the public. Recommendations: 1. That Report PDS-062-25 and any related communication items, be received; 2. That Staff receive any comments from the public, review agencies, and Council with respect to the Zoning by-law Amendment application to permit an eating establishment use; 3. That the Zoning By-Law amendment application submitted by the applicant be supported and the By-law in Attachment 1 to this report be approved; 4. That all interested parties listed in Report PDS-062-25 and any delegations be advised of Council’s decision. Page 126 Municipality of Clarington Page 2 Report PDS-062-25 Report Overview IGP Realty Advisors, on behalf of Suncor Energy Inc., has submitted a Zoning By-law Amendment application to permit a new eating establishment with a drive-through in addition to the other commercial uses already permitted at 2305 Highway 2, Bowmanville. The applicant is proposing redevelopment of the site, which involves demolishing the current gas canopy and replacing it with a new one, with slight adjustments in location and orientation. The existing drive-through car wash will be retained. A new eating establishment: KFC with a drive through facility and a convenience store is proposed to have a combined gross floor area of 287.5 square metres. The proposed use conforms with the Clarington Official Plan. The purpose of this report is to obtain public input. If no significant issues are raised by the public, then staff recommends that Council approve the Zoning By-law Amendment contained in Attachment 1 of Report PDS-062-25. 1. Additional Details 1.1 Owner: Suncor Energy Inc. 1.2 Applicant: IGP Realty Advisors c/o., Blair Gagnon 1.3 Proposal: To permit an eating establishment use 1.4 Area: 0.55 hectares (1.35 acres) 1.5 Location: 2305 Highway 2, Bowmanville 1.6 Roll Number: 1817-010-020-17521 Page 127 Municipality of Clarington Page 3 Report PDS-062-25 Figure 1: Subject Property 2. Background 2.1 On May 15, 2025, application for a Zoning By-law Amendment and a Site Plan Amendment were submitted to redevelop the subject site. 2.2 The owner is proposing to redevelop the subject site with an addition of eating establishment, (proposed KFC restaurant) with a drive through facility. The purpose of the Zoning By-law Amendment application is to receive site-specific zoning for the subject lands, adding an eating establishment and drive-through as permitted uses. 2.3 The subject land is proposed to be redeveloped with the relocation of the existing 8 channel gas canopy and pumps, a replacement of the existing convenience store building with a new building containing a convenience store and an eating establishment with a drive-through, a redeveloped parking area, with no change to the existing car wash. Bicycle parking and additional pedestrian features are proposed to be added to the site. 2.4 The site and subject lands are currently accessed by an entrance on Boswell Drive and two entrances on Highway 2. The redevelopment of the site will close off access to the westernmost entrance on Highway 2, and relocated the Boswell Drive entrance slightly north, the easternmost entrance will remain. Page 128 Municipality of Clarington Page 4 Report PDS-062-25 3. Land Use Characteristics and Surroundings Uses Paragraph Sub-heading 3.1 The subject property is irregular shaped with an area of approximately 0.55 hectares (1.35 acres). The subject lands contain an existing motor vehicle fuel bar, convenience store, and car wash. The surrounding uses are as follows the:  a) North – Commercial plaza with multiple retail and eating establishments b) West - An operating Pick Your Own Farm c) East – Low rise residential dwellings d) South – Low rise residential dwellings 4. Provincial Policy Provincial Planning Statement 4.1 The Provincial Planning Statement (PPS 2024) encourages planning authorities to support create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure with Settlement Areas. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. Municipal officials plan, secondary plans, and neighbourhood design plans support the PPS through land use designations and policies. 4.2 Settlement areas shall be the focus of growth and development. Within settlement areas, growth should be focused in, where applicable in strategic growth areas. 4.3 Land use patterns within settlement areas should be based on densities and a mix of land uses which: a. efficiently use land and resources; b. optimize existing and planned infrastructure and public service facilities; c. support active transportation; d. are transit-supportive, as appropriate; and e. are freight-supportive. Page 129 Municipality of Clarington Page 5 Report PDS-062-25 4.4 The PPS (2024) also states that Planning authorities shall support general intensification and redevelopment to support the achievement of complete communities, including by planning for a range and mix of housing options and prioritizing planning and investment in the necessary infrastructure and public service facilities. 4.5 The proposal is consistent with the Provincial Planning Statement. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject property as “Community Area”. The objective of “Community Areas” is to develop complete communities that address various socio-economic factors, providing a range of housing, transportation, and lifestyle choices, and creating opportunities for residents to live, shop, work, and access services and amenities within their community. 5.2 The proposal conforms with the Durham Region Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the subject lands “Urban Residential”. The “Urban Residential” designation is predominately intended fo r housing purposes. Therefore, any non-residential uses must align with and enhance the residential character of the area. This alignment can be achieved through the type of proposed use, its scale, and compatibility with residential uses that could include small scale service, neighbourhood retail commercial uses etc. In addition, Highway 2 and Boswell Road are designated as a Type ‘B’ Arterial Road within the Clarington Official Plan. 5.4 Policy 5.4.9 outlines specific development criteria for service station development, requiring high-quality architectural design and landscaping, with particular attention to the treatment of corners. Furthermore, the policy calls for a limited number of access points that do not disrupt traffic flow. 5.5 The official plan mandates that drive-through facilities must be situated on sufficiently spacious lots with buildings oriented toward the primary street frontage. Stacking lanes should not encroach into setback areas, and it's crucial to maintain adequate separation between the proposed facility and nearby residential areas. 5.6 Allowing an eating establishment is considered an additional, yet compatible, commercial use within an Urban Residential designated area, intended to support neighbourhood commercial needs. 5.7 The proposal conforms to the Clarington Official Plan. Page 130 Municipality of Clarington Page 6 Report PDS-062-25 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject property as “Service Station Commercial (C7)”. The C7 Zone is used for service station motor vehicle fuels bars within the Uban Settlement Areas. Although the zone permits all existing uses, that is the motor vehicle fuel bar, convenience store and car wash, it does not permit facilities for the preparation of food on site. 6.2 The owner is seeking an amendment to the “Service Station Commercial (C7)” zone in order to permit eating establishment with a drive-through facility that would facilitate the proposed redevelopment of the subject site. 7. Summary of Background Studies 7.1 The Owner’s consultant submitted following technical reports and studies in support of the application. A summary of their conclusions is provided below: Planning Justification Report, IGP Realty Advisors Inc., May 2025 7.2 A Planning Justification Report was submitted by IGP Realty Advisors Inc. in support of the additional eating establishment use. The Report concludes that the application represents orderly and proper land use planning that will positively contribute to the quality of life in the Municipality of Clarington. Phase 1 and Phase 2 Environmental Site Assessment, Parsons Inc., March 2024 7.3 A Phase One and Phase Two Environmental Site Assessment (ESA) were prepared by Parsons Inc. The Phase One ESA concluded that there were four (4) potentially contaminating activities (PCAs) identified at or within the Study Area that have the potential to impact soil and/or groundwater and, therefore a Phase Two ESA was recommended to investigate these APECs. The Phase Two ESA was conducted in conjunction with the Phase One ESA. The Phase Two ESA consisted of a borehole investigation, collection of soil samples, and the collection of groundwater samples for analysis of contaminants of potential concern. 7.4 The Phase One and Phase Two ESA concludes that the SAR exceedances in soi l are due to salting and de-icing activities for the safety of vehicular and pedestrian traffic and therefore has no further concerns. Page 131 Municipality of Clarington Page 7 Report PDS-062-25 Functional Servicing Report, Sabourin Kimble & Associates Ltd. Consulting Engineers, March 2025 7.5 A Functional Servicing Report was prepared by Sabourin Kimble. The Report evaluates the properties servicing in relation to water supply, storm drainage, sanitary drainage, stormwater management and grading. The Report concludes that the site can be serviced with existing and proposed services that will meet all required conditions for the Municipality of Clarington. 7.6 The Report concludes that all required conditions for the Municipality of Clarington have been satisfied as there will be no increase in stormwater flow from the site, the stormwater management facilities provide an enhanced level of protection, and the Sediment and Erosion Control Plan demonstrates how erosion and sedimentation will be minimized during construction. Geotechnical Investigation Report, Downunder Geotechnical Limited, February 2024 7.7 A Geotechnical Investigation Report was prepared by Downunder Geotechnical Ltd. The Geotechnical investigation presents findings and design recommendations for the proposed development to ensure appropriate course of action for earthworks in support of the proposed development. Traffic Impact Study, BA Group, March 2025 7.8 A Traffic Impact Study was prepared by the BA Group. The traffic study concludes the proposed site plan is appropriately configured to accommodate all vehicle s associated with the additional uses without negatively impacting Highway 2 or Boswell Drive. Noise Study, YCA Engineering Limited, February 2025 7.9 A Noise Study was prepared by YCA Engineering Ltd. The report concludes that with the noise mitigation measures identified in the report, sound levels are expected to be in compliance with the Ministry of Environment, Conservation and Parks, and the Municipality of Clarington. The recommendations include: a) Acoustic barrier along the south and east property lines of the gas station have been taken into consideration for noise analysis purposes. b) It is recommended that the occasional tanker deliveries occur from 7:00 to 19:00 only with limited idling time. c) The Audio Speakers Sound Power Level should be adjusted to 80dBA or less to ensure the sound level of 45dBA is met at the closest receptor property lines. d) The garbage pickup and infrequent deliveries for the proposed commercial development are recommended to occur during the daytime. The garbage pick up and infrequent/unscheduled deliveries are generally excluded from the stationary source noise sources; however, some activities may be audible at times; Page 132 Municipality of Clarington Page 8 Report PDS-062-25 e) The vehicular traffic in the parking area is expected to be insignificant, due to high ambient sound level from Highway 2. 8. Public Notice and Submissions 8.1 Given the Canada Post strike, Public Notice were sent out by courier to residents within 120 metres of the subject lands, on October 21, 2025. Two public meeting signs were installed on the subject lands fronting Highway 2 and Boswell Road. Details of the proposed application were also posted on the Clarington Connect platform. 8.2 At the time of writing this report, no public comments have been received. 9. Departmental and Agency Comments 9.1 A list and summary of the agency and internal department comments received, at the time of writing this report, can be found in Attachment 2. 10. Discussion 10.1 The applicant is proposing redevelopment of the existing motor vehicle fuel bar with a convenience store, car wash and a KFC eating establishment with a drive through facility. The rezoning application is only required to permit the eating establishment and associated drive through facility. The motor vehicle fuel bar, convenience store and car wash uses are already permitted on this site. 10.2 An application for site plan amendment has been submitted concurrently and is under review. 10.3 The subject site has been under site plan control since 1998 with all existing uses on the site being operational since 2002. The application has been reviewed within the context of the Regional and Clarington Official Plans, and the nature of the development along Highway 2. Staff are of the opinion that the addition of an eating establishment as a permitted use is compatible with the surrounding properties and supports the objectives for economic development and the rejuvenation of the existing service station commercial property. 11. Financial Considerations 11.1 Not Applicable. 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications that support and implement the creation of growing, resilient, sustainable and complete communities and connecting residents through the design of safe, diverse, inclusive and vibrant communities. The proposal aligns with Clarington’s Strategic Plan. Page 133 Municipality of Clarington Page 9 Report PDS-062-25 13. Climate Change 13.1 The environmental impacts resulting from the proposed infill development would be negligible and therefore did not necessitate the submission of an energy conservation / sustainability plan for the development. Measures will be imposed through the site alteration permits and detailed design to improve air quality during construction by implementing dust mitigation measures, reducing energy and water consumption and reducing the urban heat island effect through landscaping measures. 14. Conclusion 14.1 It is respectfully recommended that public input be received and if no significant concerns are raised that Council approve the amendment the Zoning By-law 84-63 to permit an eating establishment with a drive through facility at the subject site. If there are significant concerns raised, then it is recommended that this report be referred back to staff. Staff Contact: Shrija Vora, Planner II, (905) 623-3379 ext. 2436 or svora@clarington.net Attachments: Attachment 1 – Zoning By-law Amendment Attachment 2 – Department and Agency Comments Interested Parties: The following interested parties will be notified of Council's decision: Blair Gagnon Page 134 Attachment 1 to Municipality of Clarington Report PDS-062-25 Corporation of the Municipality of Clarington By-law Number 2025-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2025-0009; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from “Service Station Commercial (C7) Zone” to “Service Station Commercial Exception (C7-10) Zone” as illustrated on the attached Schedule ‘A’ hereto. 2. Notwithstanding Section 22.1, those lands zoned C7-10 on the Schedules to this By-law may, in addition to the other uses permitted in the C7 zone, be used for an eating establishment with drive-through facility, convenience store, and car wash accessory to a permitted use. 3. Schedule ‘A’ attached hereto shall form a part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2025. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page 135 Page 136 Attachment 2 to Report PDS-062-25 Attachment 2 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Community Growth and Ec. Dev. Department ☒ The Region has no objection to the rezoning. Durham Region Works Department ☒ Regional Works has no objection to the rezoning. Comments related to the Site Plan will be addressed through Site Plan Amendment application. Durham Region Transit Department ☒ Durham Region Transit has no objection to the rezoning. Canada Post ☒ Canada Post has no objection to the rezoning. Enbridge ☒ Enbridge has no objection to the rezoning. Hydro One ☒ Hydro One has no objection to the rezoning. Central Lake Ontario Conservation Authority (CLOCA) ☒ CLOCA has no objection to the rezoning. Clarington Fire & Emergency Services Division ☒ Clarington Fire & Emergency Services Division has no objection to the rezoning. Clarington Engineering Development Division ☒ Clarington Development Engineering Division has no objection to the proposal. Comments will be addressed through Site Plan Amendment application. Page 137