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HomeMy WebLinkAbout2026-02-26 Committee of Adjustment Meeting Teams Video Meeting & Teleconference Thursday, February 26, 2026 Time: 6:30pm If this information is required in an alternative format, please contact the Accessibility Coordinator at 905-623-3379 ex. 2131 Audio/Video Record: If you attend at a Committee of Adjustment meeting, your audio and video may be recorded. Agendas for the Committee of Adjustment Meetings can be found in the Agenda Section of the Committee’s webpage www.clarington.net/committees. Members of the Public may participate in the meeting in person or electronically. If you wish to participate electronically in the meeting, please contact cofa@clarington.net prior to the meeting. Please note that open portions of meetings will be recorded. By attending this meeting, you are consenting to your image, voice, comments, and presentations being recorded, which becomes a part of the public record. Agenda 1. Call the meeting to Order 2. Land Acknowledgement 3. Declaration of Interest and Opening Statements 4. Consent Applications to be heard: File Number: B-2025-0026 Owner/Agent: Mitch Morawetz Staff: Nicklaus Gibson Address: 5800 Main Street, Orono ON 5. 5 Minute Recess 6. Declaration of Interest 7. Minor Variance Applications to be heard: File Number: A-2025-0047 Owner/Agent: Andrew Russell, Neil Burgess and Associates Law Office Staff: Hebah Masood Address: 125 Port Darlington Road, Bowmanville ON File Number: A-2025-0052 Owner/Agent: Greg Gilbert c/o Fitzrovia Real Estate Inc. Staff: Ainsley Johnston Address: 105 Queen Street, Bowmanville ON 8. New Business Committee Attendance 9. Approve Minutes from the previous Committee of Adjustment meeting 10. Adjournment Planning and Infrastructure Services Committee of Adjustment Consent Summary of Comments Submitted B-2025-0026 5800 Main Street, Orono Municipal Departments / External Agencies Comment Development Department Municipality of Clarington Committee of Adjustment Page 2 B-2025-0026 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 26, 2026 File Number: B-2025-0026 Address: 5800 Main Street, Orono ON Report Subject: Seeking consent to facilitate the creation of a new lot as Part 1 (retained Lot) and Part 2 (severed Lot) on the draft reference plan. Part 1 will have approximate 145.13 metres of lot frontage, with a depth of approximately 154.82 metres, and a lot area of approximately 26,061 square metres. Part 2 will have 44.87 metres of lot frontage, with a depth of approximately 73 metres, and a lot area of approximately 3275 square metres. Recommendations: 1. That the Report for Consent file B-2025-0026 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2025-0026 for consent be lifted from the table and approved subject to the conditions in the Staff Report. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment Page 3 B-2025-0026 1. Application Details 1.1 Owner: Mint Capital Management Inc. 1.2 Applicant: Mitch Morawetz 1.3 Proposal: Seeking consent to facilitate the creation of a new lot as Part 1 (Retained Lot) and Part 2 (Severed Lot) on the draft reference plan. Part 1 will have approximate 145.13 metres of lot frontage, with a depth of approximately 154.82 metres, and a lot area of approximately 26,061 square metres. Part 2 will have 44.87 metres of lot frontage, with a depth of approximately 73 metres, and a lot area of approximately 3275 square metres. 1.8 Regional Official Plan Designation: in Zoning By-law 84-63 Community Areas Designation: Urban Residential Designation: N/A Municipality of Clarington Committee of Adjustment Page 4 B-2025-0026 Figure 1 – Property Location Map Municipality of Clarington Committee of Adjustment Page 5 B-2025-0026 2. Background 2.1 A previous consent application (B-2024-0036) for this property was submitted in October 2024, the proposal seeks the future severance of seven residential lots. Due to the lack of regional sewer infrastructure, the application required review by the Regional Health Department to confirm suitable lot sizes for private septic systems. A Hydrogeological Assessment Report was submitted as part of the application and is currently undergoing the peer review process. In January 2025, the Committee tabled that application for a period of up to two years until January 2027. 2.2 On December 12, 2025, Planning Staff received a Consent Application from the owner of 5800 Main Street. The consent application proposes to create one new lot as Part 2 (Severed Lot) and Part 1 (Retained Lot) on the draft reference plan. 2.3 In discussions between Staff and the Durham Region Health Department, Staff were advised that the Health Department could not support the proposal without information identifying the location of the existing sewage system in relation to the proposed new west property line. The survey plan site plan that was submitted only showed an “approximate area” of the sewage system. 2.4 On January 21, 2026, the applicant was advised by Durham Region Health that the property owner would need to hire a qualified professional to complete an inspection and provide a Septic Locates Plan in support of the proposal in order to satisfy any outstanding concerns. 2.5 On January 26, 2026, the applicant advised Staff that they did not have a sufficient amount of time to complete the Septic Locates Plan. As a result, the Durham Region Health Department did not have sufficient information to provide informed comments on the application. Given this, Staff made a recommendation to the Committee to table the application at the January 2026 Committee meeting. 2.6 On February 8, 2026, the applicant submitted the Septic Locates Plan to the Durham Region Health Department and Clarington Staff. The plan indicates that the proposed leaching bed is located within the proposed farmhouse lot; and thus the leaching bed doesn't meet Ontario Building Code requirements. The applicant advised the Health Department and Staff that the draft reference plan will be revised to increase the depth of the lot by shifting the rear lot line 1.5 metres to the west to achieve a 3-metre setback from the property line to the leaching bed. It is not anticipated that this modification to the rear lot line would contravene any provisions of the zoning by-law. The severed and retained parcels must be in conformity with the provisions of the Zoning By-law and a revised draft reference plan must be submitted prior to full approval, as noted in the conditions of this report. Municipality of Clarington Committee of Adjustment Page 6 B-2025-0026 Figure 2 – Draft 40R Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 5800 Main Street in Orono (See Figure 1). The property’s lot area is approximately 7.27 acres (2.94 hectares) with a lot frontage of approximately 190 metres, and a depth area of approximately 155 metres. Municipality of Clarington Committee of Adjustment Page 7 B-2025-0026 3.2 The surrounding uses are as follows: a. South – Vacant Agricultural lands b. North – Agricultural lands with a single detached dwelling c. East – Urban Residential lands with existing single detached dwellings d. West – Vacant Agricultural lands 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60m of the subject lands. 4.2 At the time of writing this report, Staff did not receive any inquiries from members of the public regarding this application. 5. Provincial Policy The Planning Act 5.1 Section 53 (12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality when considering an application for Consent. For the purposes of this review, it is Staffs opinion that the proposed application is consistent with the criteria (a) – (m) of Section 51(24) under the act. The Provincial Planning Statement (PPS, 2024) 5.2 The subject property is within the urban boundary of Orono. Urban areas fall under the definition of Settlement Areas in the Provincial Planning Statement. Section 2.3.1 of the Provincial Planning Statement 2024 states that settlement areas shall be the focus of growth and development. This policy aligns with the applicant’s proposal to create one new lot. 5.3 The application for consent is consistent with the Planning Act, R.S.O. 1990, c. P.13, and the Provincial Planning Statement (PPS, 2024). Durham Regional Official Plan (Envision Durham) 5.4 The subject site is designated as “Community Areas” in the Region of Durham Official Plan (ROP). This land use designation is intended to accommodate a wide variety of housing types and densities. Residential infill development is permitted within this designation as it supports opportunities to increase the supply of housing and utilization of land and resources. Municipality of Clarington Committee of Adjustment Page 8 B-2025-0026 5.5 The application conforms with the policies of the ROP by meeting housing objectives and by capitalizing on existing infrastructure. 6. Clarington Official Plan 6.1 The subject property is designated Urban Residential within the Clarington Official Plan. The predominant use of lands designated Urban Residential shall be for housing purposes. 6.2 The proposed consent application is subject to policies within Section 23.7 - Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development throughout the Municipality shall be prohibited Planning Staff is satisfied that this application does not result in scattered residential development. b) Ribbon development along arterial roads shall be prohibited and direct access from arterial roads shall generally be restricted Planning Staff is satisfied that the consent application does not create ribbon development. c) Severances shall meet the requirements of the Region of Durham and applicable provincial agencies, regarding the provision of sewage disposal and water services, and may include entering into an agreement with the Region of Durham The Durham Region’s Works Department has no objection to the granting of approval for the above noted severance application. Sanitary servicing is not available in this location and private servicing will be required. This property is located within the Municipality’s urban boundary and the connection of all parcels to the Region’s water supply network will be required as a condition of approval of this application. Municipality of Clarington Committee of Adjustment Page 9 B-2025-0026 d) Severances shall only be given when land fronts on an open and maintained public road. Notwithstanding, a landlocked parcel related to a land assembly for future development in conformity to this Plan may be created The retained and severed lands have frontage along a Municipally opened and maintained road. The consent application does not result in the creation of a landlocked parcel of land and the proposed lot configuration would not jeopardize future access to the retained lands. e) The size of any parcel of land created by severance should be appropriate for the use proposed in keeping with the character of the surrounding neighbourhood and no parcel should be created which does not conform to the provisions of this Plan and the implementing Zoning By-law The proposed lot creation is appropriate in frontage and area, is in keeping with the character of the surrounding neighbourhood and conforms to the development policies within the Clarington Official Plan and Zoning By- law 84-63. f) Severances shall not be granted for land adjacent to a road from which access is to be obtained if a traffic hazard would be created because of limited sight lines on curves or grades Clarington’s Development Engineering department is satisfied that this development for the creation of a new lot does not create a traffic hazard. See attachment 1. g) Severances to be granted shall be conditional upon the applicant meeting all requirements of the Municipality, financial and otherwise, and may include an agreement being entered into with the Municipality This application to create a new lot is subject to the fulfillment of Municipal conditions – (See page 13 of this report) h) The Municipality is satisfied that a plan of subdivision is not required. Generally, 3 lots are considered the maximum number of new lots that may be created by severances from a parcel of land This consent application will result in the creation of one (1) new lot and Staff is satisfied that this consent application would not require a plan of subdivision. Municipality of Clarington Committee of Adjustment Page 10 B-2025-0026 i) Where a property has more than one land use designation, a land severance along the boundary of two different designations is permissible provided the severance does not contravene any applicable policies of this Plan Not applicable. j) In the Agricultural and Rural designations, any severance applications for agricultural, farm-related uses, and farm-related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 Not applicable. k) The severance shall be in compliance with the provisions of any site plan, subdivision or any other development agreements registered against the title of the subject lands Not applicable. 6.3 It is Staff’s opinion that the consent application conforms to the Clarington Official Plan. 7. Zoning By-Law 84-63 7.1 The subject property is zoned as “Urban Residential Exception (R1-2)” and Agricultural (A)” within Zoning By-law 84-63. 7.2 The “R1-2” permits a single detached dwelling. The minimum lot area requirement for single detached dwellings in the “R1-2” Zone is 695 square metres and the minimum lot frontage requirement is 20 metres. The proposed severed lot is located in the “R1-2” zone and has a lot frontage of 44.87 metres and a lot area of approximately 3275 square metres. Therefore, the proposed severed lot complies with the zoning regulations in the “R1-2” zone. 7.3 Additionally, the retained lot is located within the “R1-2” and “(A)” zones, has a lot frontage of 145 metres and a lot area of approximately 6.42 acres (2.6 hectares), and complies with the zoning regulations of Zoning By-law 84-63. 7.4 It is staff’s opinion that the proposed use of the severed and retained lands conforms to the provisions of Zoning By-Law 84-63. Municipality of Clarington Committee of Adjustment Page 11 B-2025-0026 8. Provincial Plan Review Responsibilities 8.1 We have reviewed this application for delegated Provincial plan review responsibilities. Potential Site Contamination 8.2 In accordance with the Region of Durham’s Soil and Groundwater Assessment Protocol, the Municipality's Site Screening Questionnaire (SSQ) was completed and signed by a Qualified Person and by an authorized agent of the property owner. The site screening questionnaire was completed by the qualified professional on March 28th, 2024, and more than 18 months has passed since the site screening questionnaire was completed. Therefore, an updated site screening questionnaire will be required to be completed by a qualified professional and submitted to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Archeology 8.3 The Municipality of Clarington’s composite archaeological resources tool identifies the subject site as an area of archaeological potential. A licensed archaeologist will need to complete an Archaeological Site Assessment. The Assessment, and any further studies resulting from it, must be completed and submitted to the Ministry of Citizenship and Multiculturalism for review and approval. Once approved, a clearance letter issued by the Ministry must be forwarded to the Municipality of Clarington’s Development Review Division indicating that all cultural heritage resource concerns on the site have been satisfied. 9. Recommendation 9.1 Should the Committee deem it appropriate to approve the application, Staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Requirements: Section 1: General 1. That the Owner satisfies all the requirements of the Municipality of Clarington’s Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated January 14, 2026. 2. That the Owner satisfies all the requirements of the Regional Municipality of Durham Health Department, financial and otherwise as detailed in the Regional Community Growth and Economic Development Department letter dated February 23, 2026. Municipality of Clarington Committee of Adjustment Page 12 B-2025-0026 3. That the Owner satisfies all the requirements of the Regional Municipality of Durham Works Department, financial and otherwise as detailed in the Regional Community Growth and Economic Development letter dated February 23, 2026. 4. That the Owner shall enter into a Consent Agreement with the Corporation of the Municipality of Clarington. 5. The Owner, applicant or agent must provide a revised draft Reference Plan reflecting a 3-metre setback from the rear property line to the leaching bed to the satisfaction of the Regional Health Department. 6. That the Owner conducts and submits a Stage 1 and 2 Archaeological Assessment to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. 7. The Owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Services Department and approved by the Municipality prior to registration; Registration of this Reference Plan is done by the owner, applicant, or agent’s surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. 8. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 9. That the Owner, applicant, agent or qualified professional submit a certificate of insurance and reliance letter to the satisfaction of the Municipality of Clarington. 10. Once all other conditions have been satisfied, the Owner shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Municipality of Clarington Committee of Adjustment Page 13 B-2025-0026 Section 2: Planning Requirements 11.The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under Section 53 (12.1) and (13) of the Planning Act, R.S.O, c.P.13. This payment is equiv alent to 5% of the value of the severed parcel. To determine the value of the land, the applicant s hall retain a certified Land Appraiser to prepare a land appraisal to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. 12.The Owner must comply with the warning clauses in the agreement registered on title on April 2, 2014. That the subject lands (Concession 5, Part Lot 29 Parts 1 & 2)maintain a minimum of 2.94 hectares until such a time as applications submitted under the Planning Act to sever or change the use of the property are submitted, and at such time the barn shall be removed. Additionally, should the barn be destroyed, no new structure of the same size and height will be approved without appropriate Planning Ac t application approvals and that the existing barn and accessory buildings cannot be used for agricultural or commercial purposes and must conform with the intent of the Official Plan and the zoning by-law. 13.That the Owner provides an updated site screening ques tionnaire to be completed by a qualified professional to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. 14.Upon receiving approval of the updated site screening questionnair e, the Owner is required to submit a certificate of insurance and reliance letter to the satisfaction of the Municipality of Clarington. 15.To ensure that any new lot created through severanc e, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. Advisory Notes 1.It is the owner, applicant/and or agent’s responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2.If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Municipality of Clarington Committee of Adjustment Page 14 B-2025-0026 Prepared by: Nicklaus Gibson Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Nicklaus Gibson, Planner I, 905 623-3379 ext. 2408 or NGibson@clarington.net Interested Parties: The following interested parties will be notified of Committee's decision: Attachments: Attachment 1: Clarington Development Engineering Comments Attachment 2: Clarington Emergency and Fire Services Comments Attachment 3: Enbridge Gas Comments Attachment 4: Durham Region Community Growth and Economic Development Department MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Consent to facilitate the creation of a new lot as Part 1 (Retained Lot) and Part 2 (Severed Lot) on the draft reference plan. Part 1 will have approximate 145.13 metres of lot frontage, with a depth of approximately 154.82 metres, and a lot area of approximately 26,061 square metres. Part 2 will have 44.87 metres of lot frontage, with a depth of approximately 73 metres, and a lot area of approximately 3275 square metres. We have reviewed the application and have no objections to the proposal. If the development is proposed on the retained or severed parcel, further comments may be provided at an appropriate stage. The applicant/owner must enter into a consent agreement with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Mina Mehran, EIT, M. Eng. Transportation Engineer on Behalf of Karen Richardson, P.Eng. Manager of Development Engineering Planning and Infrastructure Services MM/AKA To: From: Mina Mehran, Transportation Engineer, on behalf of Karen Richardson, Manager of Development Engineering January 14, 2026 Land Division Application Applicant: Mitch Morawetz Address: 5800 Main Street, Orono B2025-0026 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net To: Planning and Infrastructure Services From: Emergency and Fire Services - Fire Prevention Date: Jan 09, 2026 Subject: EFS Review Complete File: B-2025-0026 From:Municipal Planning To:Nicklaus Gibson; Committee of Adjustment (SM) Subject:RE: Circulation for B-2025-0026 (5800 Main Street) Date:Wednesday, January 14, 2026 4:56:56 PM Attachments:image001.png EXTERNAL Thank you for your circulation. Enbridge Gas does not object to the proposed application(s) however, we reserve the right to amend or remove development conditions. This response does not signify an approval for the site/development. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. Any service relocation required due to a severance would be at the cost of the property owner. For any encroachments, please contact ONTLands@enbridge.com. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Regards, Willie Cornelio CET (he/him) Sr Analyst, Municipal Planning Engineering — ENBRIDGE TEL: 416-495-6411 500 Consumers Rd, North York, ON M2J1P8 enbridge.com Safety. Integrity. Respect. Inclusion. If you require this information in an accessible format, please contact Planning Reception or call 1-800-372-1102 extension 2548. The Regional Municipality of Durham Community Growth and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Email: communitygrowth @durham.ca durham.ca Sandra Austin Commissioner of Community Growth and Economic Development February 23, 2026 Nicklaus Gibson, Planner 1 Planning and Infrastructure Department Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Re: Application for Consent B-2025-0026 Durham Ref.: LD 03/2026 Owner: Mint Capital Management Inc. Applicant: Mitch Morawetz Location: 5800 Main Street Municipality: Clarington Hearing Date: TBD RECOMMENDATION: That the application LD 03/2026 (Local File B-2025-0026) be approved, subject to the following conditions: 1. That the applicant shall provide the Region of Durham – Community Growth and Economic Development Department with the required $500.00 application review fee. 2. That the applicant shall provide the Region of Durham – Health Department with the required $609.00 application review fee. 3. That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise. PURPOSE OF APPLICATION The applicant has proposed a Consent application to facilitate the creation of new severed and retained lots on the subject property. The retained lot (Part 1 on the draft R-Plan) would have a frontage of 145 metres onto Main Street and an area of approximately 26,061m 2. The severed lot (Part 2 on the draft R-Plan) would have a frontage of 44 metres onto Main Street and an area of approximately 3275 square metres. The proposed new lots would be connected to municipal water and private sanitary services. B-2025-0026 -2- REGIONAL COMMENTS Development Advisory Services For a comprehensive Regional review of this application, a $500.00 Planning Review fee and a $609.00 Health Review fee are applicable. These fees have not yet been received. Payment of both the Planning Review fee and the Health Review fee will be required as Conditions of Approval for this application. Confirmation will be required that the fee payments and any other Regional Conditions and Approval have been satisfied prior to the Regional clearance of the consent application. Health Department The Health Department has reviewed the above noted application, including the updated draft reference plan provided on February 23, 2026, and has no objection the approval. Works Department Please be advised that the Works Department has no objection to the granting of approval for the above noted severance application. According to our records, 5800 Main Street is not connected to the Regional water supply network. Sanitary servicing is not available in this location and private sanitary servicing will be required. This property is located within the Regions urban boundary and the connection of all residential parcels to the Region’s water supply network will be required as a condition of approval of this application. A new 25mm (one inch) diameter water service connection will need to be installed by Regional forces within the right-of-way, to the property line of the severed lots. As a condition of approval for this application, the applicant will be required to pay to the Region the costs of the water and sanitary connection and frontage charges. In order to ensure the foregoing, our department requires our following standard condition to be imposed: “That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise.” B-2025-0026 -3- In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfill the following: 1. Payment for one 25mm water service connection at $4,830.00 per connection (flat rate): = $4,830.00 2. Payment for Watermain frontage charges at $497.49 per metre ($512.41/m x 15.18m): = $22,991.84 The total amount owing at the current rate is $27,821.84. Payment shall be made by certified cheque. The above fees are subject to revision on January 1, 2027. Regional connection permits will be issued to the applicant once the above payment is remitted to our department. The severed land will be subject to Regional development charges at the time of building permit issuance. The Region of Durham will not permit the connection of weeping tiles to the sanitary sewer system for the severed lands in accordance with the Region’s Foundation Drain Policy. CONCLUSION Following the submission of an updated Draft Reference Plan by the applicant, the Region of Durham is now able to recommend this application for approval. The Region has no further objections to the approval of this application, provided that all Conditions of Approval are fulfilled to the Region’s satisfaction. Yours truly, Jacob Slevin Jacob Slevin, Planner cc: Lesley Kennedy, Health Department Grant Young, Works Department MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Dear Committee Members, The purpose of this memo is to provide clarification regarding Minor Variance Application A2025-0047 for 125 Port Darlington Road and to summarize the discussion that took place at the January 29, 2026, Committee of Adjustment meeting. This memo also outlines the relevant background information needed to support the Committee’s understanding of the application and the issues raised during that meeting. 1. Clarification on Proposed Variance Application 1.1 The original minor variance application was received on November 21, 2025. At that time, the applicant requested nine additional uses, resulting in a total of 11 permitted uses on the subject property. The application was first considered by the Committee on January 29, 2026. At that meeting, the Committee tabled the application to allow staff time to consult with the Municipality’s Solicitor and to provide additional information and clarification for consideration at a future meeting. 1.2 The application was recirculated on February 4, 2026, for consideration at the February 26, 2026, Committee meeting. Following recirculation, Staff reviewed the submitted Planning Justification Report (Attachment 7), prepared by D.G. Biddle and authored by Michael Fry. In that report, the applicant requested that all uses within the M1 and M2 Zones be permitted, resulting in a total of 34 uses on the property. To: From: Date: Subject: File: __________________________________________________________________ MEMO 1.3 On February 13, 2026, the applicant confirmed to Staff that they intended to proceed with requesting all 34 additional uses. Staff acknowledged this change and requested updated owner authorization forms for all individuals acting on behalf of the owner, as well as a complete updated application reflecting the expanded request. Staff also advised the applicant on February 20, 2026, that this revised submission would require a tabling request to the Committee to allow for proper Planning Act circulation. 1.4 Later on, February 20, 2026, the applicant rescinded the revised request and asked Staff to proceed with the original application seeking nine additional uses. 1.5 Accordingly, the minor variance application before the Committee is for the nine uses originally requested. These uses are: a) Contractor's or tradesman's workshop and yard; b) Equipment sales and rental, light; c) Equipment sales and rental, heavy; d) Outside storage of goods and materials where such use is accessory and incidental to a permitted use e) A farm implement and equipment sales and service establishment; f) A dry light industry within a wholly enclosed building or structure; g) A work shop within a wholly enclosed building or structure; h) An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; and i) A motor vehicle repair garage within a wholly enclosed building or structure. 2. Planning Justification Report (PJR) Submitted 2.1 As noted in Section 1.1 of this memo, the original application was received on November 24, 2025. On December 22, 2025, Staff received a PJR in support of the application. Unfortunately, due to a clerical error it was not circulated to the Committee members prior to the January 29, 2026, Committee meeting. 2.2 The PJR was circulated as part of the recirculation of this application on February 4, 2026, for consideration at the February 26, 2026, Committee meeting. MEMO 3. Implementation of the Original Zoning 3.1 At the January 29, 2026 Committee Meeting, the Committee requested clarification regarding the history of the site-specific General Industrial Exception Zone (M2-2) within Zoning By-law 84-63. Specifically, they sought information from the Planning and Development Council Meeting of June 20, 1981, when the exception was approved. 3.2 The Committee asked whether the wording in the site-specific zoning— such as “boat repair,” “boat storage,” and “boat maintenance”—could be interpreted more broadly as general “repairs,” “storage,” and “maintenance.” The Zoning By-law Amendment and Site Plan Approval for the subject property were considered and approved at the same meeting. The minutes from that meeting (see Resolution #PD-271-81 in Attachment 8) confirm that the permissions granted were specific to boat-related activities. 3.3 The proposed expansion of uses would extend the range of industrial uses far beyond those for boats and marina uses. Further information regarding negative impacts of expanded range of industrial uses on the neighbouring land uses and effects on the physical natural, cultural attributes of the waterfront area would need to be assessed by way of the appropriate and higher order Planning Act applications such as a Zoning By-law Amendment/Official Plan Amendment. The Minor Variance application process cannot determine whether the proposed change of uses are in conformity with policy 14.8 of the Official Plan. 3.4 Therefore, it is Staffs position that the permitted uses must be interpreted specifically as “boat repairs,” “boat maintenance,” and “boat storage,” rather than as general repair, storage, or maintenance uses. 4. Legal Non-Conforming 4.1 At the January Committee meeting, the applicant claimed that several of the proposed uses were legal non-conforming and stated that it was the Municipality’s responsibility to confirm that status. In response, the Committee asked Staff to consult with the Municipality’s Legal Services to clarify who is responsible for establishing legal non-conforming rights. MEMO 4.2 Staff also wish to clarify the definition of “legal non-conforming” as set out in the Clarington Official Plan. Section 23.5.1 states: “An existing use of land, building or structure which is lawfully in existence prior to the passage of the relevant Zoning By-law and which does not conform to this Plan, but continues to be used for such purposes, shall be deemed to be legal non-conforming.” Zoning By-law 84-63 defines “non-conforming” as: “the use or activity in respect of any land, building or structure which is not within the list of permitted uses set out in this By-law for the zone in which such land, building or structure is located.” 4.3 The property’s zoning permissions are specific to boat storage and boat repairs, and Staff are not aware of any additional uses occurring on the property that would meet the Official Plan definition of legal non-conforming or Zoning By-law 84-63 definition of “non-conforming”. 4.4 Following consultation with the Municipality’s Legal Services, Staff confirm that the responsibility to prove legal non-conforming status lies with the property owner, not the Municipality. To date, no evidence has been provided to demonstrate that any of the nine requested uses meet the criteria for legal non-conforming status. 4.5 It remains Staff’s opinion that the Committee of Adjustment is not the appropriate planning mechanism for this proposal as the nine new industrial uses being proposed are contrary to the Clarington Official Plan and Port Darlington Neighborhood Secondary policies, and no information has been provided to support a claim of legal nonconforming rights for any of the proposed uses. 5. Waterfront Strategy 5.1 At the January 29, 2026, Committee of Adjustment meeting, a question was raised about whether the property forms part of the Clarington Waterfront Strategy. At that time, neither Staff nor the applicant’s agent were aware of any involvement. 5.2 The applicant has since confirmed in the attached letter that the property is included in the Waterfront Strategy (see Attachment 9). 5.3 Staff have also received internal confirmation from the Community Planning Division that the property is part of the Strategy (see Attachment 10). MEMO 5.4 Staff note that inclusion in the Waterfront Strategy does not change the planning analysis or Staff’s opinion that the Committee of Adjustment is not the appropriate mechanism to introduce new uses on the property. In consideration of the information outlined above, Staff’s position remains unchanged from the report provided ahead of the January 29, 2026, Committee of Adjustment meeting. The request to introduce nine additional industrial uses exceeds the intent and scope of a minor variance application and the proposed uses are contrary to the Official Plan and Port Darlington Neighborhood Secondary Plan policies. No evidence has been provided to demonstrate that any of the proposed uses qualify as legal non-conforming under the Municipality’s planning framework. Accordingly, Staff respectfully recommend that the Committee deny the application. Yours truly, Hebah Masood Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Planning and Infrastructure Services Department Planning and Infrastructure Services Committee of Adjustment Minor Variance Summary of Comments Submitted A-2025-0047 125 Port Darlington Rd, Bowmanville, ON Clarington Building Division No comments. Clarington Development Engineering Division No concerns - see Attachment 4 Clarington Fire and Emergency Services Department See Attachment 10 Durham Region Works and Community Growth and Economic Development Departments In agreement with Municipal staff, however no official c omments as the proposal is beyond the scope of Regional interest – see Attachment 2 Central Lakes of Ontario Conservation Authority (CLOCA) No concerns - see Attachment 3 Municipality of Clarington Committee of Adjustment A-2025-0047 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 26, 2026 File Number: A-2025-0047 Address: 125 Port Darlington Rd, Bowmanville, ON Report Subject: Minor Variance application to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following a)Contractor's or tradesman's workshop and yard; b)Equipment sales and rental, light; c)Equipment sales and rental, heavy; d)Outside storage of goods and materials where such use is accessory and incidental to a permitted use e)A farm implement and equipment sales and service establishment; f)A dry light industry within a wholly enclosed building or structure; g)A work shop within a wholly enclosed building or structure; h)An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i)A motor vehicle repair garage within a wholly enclosed building or structure Recommendations: 1. That the Report for Minor Variance Application A-2025-0047 be received; 2.That all written comments and verbal submissions are considered in the deliberation of this application; 3.That application A-2025-0047, for a Minor Variance to Section 24.4.2a. to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a.Contractor's or tradesman's workshop and yard; b.Equipment sales and rental, light; c.Equipment sales and rental, heavy; Municipality of Clarington Committee of Adjustment A2025-0047 Page 3 d.Outside storage of goods and materials where such use is accessory and incidental to a permitted use e.A farm implement and equipment sales and service establishment; f.A dry light industry within a wholly enclosed building or structure; g.A work shop within a wholly enclosed building or structure; h.An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i.A motor vehicle repair garage within a wholly enclosed building or structure. be denied as it does not maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, it is not desirable for the appropriate development or use of the land, and it is not minor in nature. 4.That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 4 1. Application Details 1.1 Owner: 1.2 Applicant: Andrew Russell, Neil Burgess and Associates Law Office Law 84-63 Designation: “Community Area” Designation: 1.9 Secondary Plan Designation: “Waterfront Greenway” Port Darlington Neighbourhood Secondary Plan – “Marina Commercial” 1.10 Heritage Status: None 1.11 Water, Sewage and Storm Servicing: Municipal Water, Municipal Drainage, Septic Sanitary Sewage System Municipality of Clarington Committee of Adjustment A-2025-0047 Page 5 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2025-0047 Page 6 2. Background 2.1 The Municipality has engaged in numerous discussions with the property owner regarding requests to change the zoning of the subject property, dating back to 2019. Since that time, three formal pre-consultation meetings have been held with the property representative, each involving different development proposals that did not conform to the property’s permitted land uses and zoning provisions. Throughout these discussions, Staff’s position has remained consistent. Due to the nature of the pre- consultation process being confidential, Staff cannot provide any of the documentation to the Committee from those meetings. It is integral to note that during each of these discussions over the past several years, Staff have clearly advised that a minor variance is not the appropriate planning mechanism to achieve a change in land use and/or zoning permissions. Such changes would require higher-order Planning Act applications, including an Official Plan Amendment and/or a Zoning By-law Amendment, or both, depending on the proposed use. 2.2 In June 2024, the property representative submitted a minor variance application that proposed to expand the uses on the property, similar to what is being proposed currently. At the time, Staff notified the applicant that according to Section 45 of the Planning Act, the proposal was beyond the decision powers of the Committee of Adjustment and that, at a minimum, a Zoning By-Law Amendment Application would be more appropriate (see Attachment 1). Staff heard back from the property representative via e-mail on December 6, 2024, advising they would proceed with the pre-consultation process, as requested by staff. 2.3 In February 2025, staff met with the applicant to discuss expanding the uses on the property. It was determined that a Regional Official Plan Amendment, Clarington Official Plan Amendment and Zoning By-L aw Application would be required to expand the uses on the property to include select uses from the Light Industrial (M1) and General Industrial (M2) Zones. 2.4 Several conversations ensued between Staff and the property representative during Spring/Summer and Fall of 2025 to try to permit more scoped uses, beyond the uses permitted in the current zoning (specific to interested buyers at the time). None of these proposals were brought forward for formal review or contemplation. 2.5 The property representative went on to submit a Minor Variance Application (A2025- 0047) on November 21, 2025. The December 2025 Committee of Adjustment Meeting was cancelled, and all applications were moved to the January Committee of Adjustment agenda. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 7 2.6 The proposed minor variance application (A2025-0047) is to expand the permitted uses on the property from Boat Repair Shop and Boat Storage Area to include the following: a)Contractor's or tradesman's workshop and yard; b)Equipment sales and rental, light; c)Equipment sales and rental, heavy; d)Outside storage of goods and materials where such use is accessory and incidental to a permitted use e)A farm implement and equipment sales and service establishment; f)A dry light industry within a wholly enclosed building or structure; g)A work shop within a wholly enclosed building or structure; h)An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i)A motor vehicle repair garage within a wholly enclosed building or structure. 2.7 It is Staffs opinion that the nature of this proposal is beyond the powers of the Committee of Adjustment as per Section 45(3) of the Planning Act. Minor Variances must vary a specific provision in the By-Law. They cannot be used to introduce new uses unless they are considered similar to the permitted uses or legal non-confirming uses. The proposed uses in the application have not proven to be either of the above. Additionally, introducing the proposed uses does not meet the four tests of a Minor Variance under the Planning Act. 2.8 Staff spoke with the applicants on December 23, 2025, and again on January 8, 2026, to reiterate that the application would not be supportable as it does not meet the four tests of a Minor Variance under the Planning Act. 2.9 The applicant is aware that the proposed minor variance application is not supported by Staff. The applicant stated during their phone calls with Staff on December 23, 2025, and January 8, 2026, that they still wished to proceed with the minor variance application. 3.Land Characteristics and Surrounding Uses 3.1 The subject property is located on Port Darlington Road south of East Shore Drive, in Bowmanville (see Figure 1). The property’s lot area is approximately 3.61 acres. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 8 3.2 The surrounding uses are as follows: South – East Beach Park North- Boat storage facility East – Region of Durham Water Supply and Treatment Plant West – Link townhouse dwelling 4.Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60 metres of the subject site. 4.2 At the time of writing this report, Staff have received one comment in opposition to the minor variance application from a member of the public. The resident's main c oncerns are that the requested variances are not in alignment with the proposed waterfront strategy, would increase traffic of trucks and larger v ehicles to the neighborhood and would negatively impact safety in the area. It was their opinion the permitted uses to general industrial uses would not be suitable for the area (See Attachment 5). 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated Waterfront Greenway within the Clarington Official Plan. It is also designated Marina Commercial in the approved Port Darlington Neighborhood Secondary Plan. 5.2 According to policy 14.8 of the Official Plan, “The Municipality shall seek to protect and regenerate the unique physical, natural and cultural attributes associated with the Lake Ontario Waterfront. The predominant use of land within the Waterfront Greenway designation shall be low intensity recreational uses, compatible tourism uses, conservation, and agriculture. In addition, Marinas may be permitted in the Waterfront Greenway designation by amendment to this Plan…” The proposed expansion of uses would expand the uses far beyond boats and marina uses. Without further information that would normally be required through higher order applications is unclear if this expansion of uses would be harmful to the physical, natural and cultural attributes of the waterfront and therefore would not be in conformity with policy 14.8 of the Official Plan. 5.3 Section 6.1 of the Port Darlington Neighborhood Secondary Plan lists the permitted uses within this designation. Simply put, any uses on the property must be related to boat storage, boat repairs, boat manufacturing and boat sales as well as marina uses, given the property’s proximity to Lake Ontario. Expanding the uses beyond boat and marina related uses would not conform to the intent and purpose of the Clarington Official Plan and Secondary Plan and is therefore not supportable. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 9 5.4 It is staff’s opinion that the application does not conform to the intent and purpose of the Clarington Official Plan or Port Darlington Neighborhood Secondary Plan. Maintain the general intent and purpose of the Zoning By-law 5.5 The subject property is zoned “General Industrial Exception (M2-2)’’ within Zoning By- Law 84-63. The “M2-2” Zone is a site-specific zone which only permits a boat repair shop and boat storage area. 5.6 The site-specific “M2-2” zoning was approved by Municipal Council in 1981 through By- law 81-99 on August 5, 1981. At that time, the property at 125 Port Darlington Road was owned by the Municipality. At the time, a boat repair and boat storage facility conformed to the policies of the Durham Regional Official Plan, which permitted marina-related development and associated uses. Accordingly, Municipal planning staff supported a site-specific rezoning to facilitate the proposed use. 5.7 It is Staffs opinion that the proposal to introduce new uses, which are not similar is outside of the scope of a Minor Variance Application and beyond the power of the Committee of Adjustment. Introducing new and general uses as requested within the application would require higher-order Planning Act applications, including an Official Plan Amendment and/or a Zoning By-law Amendment, or both, depending on the proposed use. 5.8 Without the appropriate materials normally submitted for higher-order Planning Act applications Staff and the Committee have no way of knowing the potential effects and impacts of these new uses within the Port Darlington area. 5.9 For the above stated reasons, it is Staff’s opinion that the application is not in conformity with the intent and purpose of Zoning By-Law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.10 When reviewing higher-order Planning Act applications, several studies are required by Staff to review the appropriateness for a property and the surrounding areas. These studies have not been provided to form part of this minor variance application. Without these studies, Staff cannot determine impact related to safety, environmental effects, suitability and any negative effects of expanding the uses on the property or surrounding lands. 5.11 For the above stated reasons, Staff cannot determine if the minor variance requested is appropriate development or use of the land, buildings, and structures. Minor in Nature 5.12 As mentioned, several times throughout this report, Staff are of the opinion that a minor variance is not the appropriate planning mechanism to achieve a change in land use and/or zoning permissions. Such changes would require higher-order Planning Act applications, including an Official Plan Amendment and/or a Zoning By-law Amendment, or both, depending on the proposed use(s). Municipality of Clarington Committee of Adjustment A-2025-0047 Page 10 5.13 The proposal introduces nine new uses, which are not similar, nor proven to be legal non-confirming to the existing permissions of the “M2-2” zone. 5.14 It is Staff’s opinion that the proposed variance to introduce nine uses is significantly beyond the scope of a minor variance application and is not appropriate to consider minor in nature. 6.Conclusion 7.1 Given the above comments, staff recommend denial of the application for a Minor Variance to Section 24.4.2a. to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a.Contractor's or tradesman's workshop and yard; b.Equipment sales and rental, light; c.Equipment sales and rental, heavy; d.Outside storage of goods and materials where such use is accessory and incidental to a permitted use e.A farm implement and equipment sales and service establishment; f.A dry light industry within a wholly enclosed building or structure; g.A work shop within a wholly enclosed building or structure; h.An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i.A motor vehicle repair garage within a wholly enclosed building or structure. as it does not maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, is not desirable for the appropriate development or use of the land and is not minor in nature. Submitted by: Hebah Masood Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Municipality of Clarington Committee of Adjustment A-2025-0047 Page 11 Concurrence: This report has been reviewed by Amanda Tapp MCIP, RPP, Manager of Development Review, who concurs with the recommendations. Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x2437 or hmasood@clarington.net Attachments Attachment 1 - Letter regarding 2024 Minor Variance Application Attachment 2 - Regional Comments Attachment 3 - CLOCA Comments Attachment 4 - Development Engineering Comments Attachment 5 – Written comments from Keven Reay (January) Attachment 6 – Additional comments from Keven Reay (February) Attachment 7 - Planning Justification Report Attachment 8 - June 1981 PDC Minutes Attachment 9 - Andre Wiggers Letter to Staff and the Committee Attachment 10 – Community Planning Comments Interested Parties: Keven Reay Attachment # 1 to Cover Letter From: jim abernethy <jimabernethy..@hotmail.com> Sent: Thursday, June 20, 2024 8:25 PM To: Maciver, Rob <RMaciver@clarington.net> Cc: Salazar, Carlos <csalazar@clarington.net>; Tapp , Amanda <ATai:m@clarington.net>; roberthubers@icloud.com <roberthubers@icloud.com> Subject: 125 Port Darlington Road -Application for Minor Variance I EXTERNAL Hello Rob, Further to our meeting last week we discussed various options open to Mr. Wiggers to modify the current restrictive zoning now in place on his property captioned above. Today I am please to report to you that Mr. Wiggers submitted a minor variance application to the MOC Planning Department requesting relief from the restrictive zoning currently in place on the property known as 125 Port Darlington Road. Basically the application is requesting the following: The applicant is requesting relief from the restrictive nature of current zoning by expanding the current permitted uses to include the following uses which are permitted on lands zoned M2 in accordance with MOC Zoning By-law 84-63 Section 24.1 General Industrial M2 Zone: 1.All those uses permitted in the Ml Zone; 2.Equipment sales and rental, heavy; 3.Equipment sales and service establishment; 4.Contractor's or tradesman's workshop and yard; 5.Outside storage of goods and materials where such use is accessory and incidental to a permitted use; My role in this application process is to act as Mr. Wiggers Agent. Attached please find 3 files which represent the complete minor variance application. I provide them to you on an FYI basis. From:Jacob Slevin To:Committee of Adjustment (SM) Cc:Roberta Honeyford Subject:Re: Agency Circulation: A-2025-0047 (125 Port Darlington Road) Date:Tuesday, January 20, 2026 10:12:53 AM Attachments:image001.png Outlook-f4b0x1el.png Outlook-x55vmbxf.png Outlook-he10md4n.png Outlook-3q4y1abr.png Outlook-ohv150xb.png EXTERNAL Hi Elissa, Regional staff have reviewed this Minor Variance application and concur with the opinion of Clarington staff, as expressed in Attachment 1, that the proposed expansion of permitted uses is beyond the scope of the Committee of Adjustment and that a Zoning By-Law Amendment would be a more suitable method of expanding the permitted uses. However, it is also noted that this Minor Variance application is beyond the scope of Regional interest, and therefore the Region offers no official comment on this application. Best, Jacob Slevin | Planner Community Growth and Economic Development Department The Regional Municipality of Durham Jacob.Slevin@durham.ca | 905-668-4113 extension 2863| durham.ca My pronouns are he/him. 100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM Healthy watersheds for today and tomorrow. January 20, 2026 Committee of Adjustment Municipality of Clarington Planning Services Department 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Hebah Masood, Acting Secretary/Treasurer, Committee of Adjustment Subject: Minor Variance Application A2025-0045 Applicant: Andrew Russell, Neil Burgess and Associates Law Office Address: 125 Port Darlington Rd, Bowmanville CLOCA File No.: PVOG403 Purpose of Application: A minor variance application to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include workshop, equipment sales, storage and vehicle repair uses. Thank you for circulating Central Lake Ontario Conservation Authority (CLOCA) on the above noted minor variance application. The subject property is located within the Bowmanville Creek watershed and is subject to requirements of the Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, under the Conservation Authorities Act. Accordingly, a permit would be required to be obtained from CLOCA prior to any future construction and site alteration activities on the regulated portions. Please find a CLOCA mapping showing the regulated areas appended to this letter. Staff do not have an objection towards the approval of the proposed minor variance. However, below requirements must be fulfilled to the satisfaction of the Central Lake Ontario Conservation Authority through the future development application proposed for subject lands: Natural Hazards: Safe Access The subject property is outside flooding hazard but portions of Port Darlington Road on the north side and southwest corner of the site are subject to flooding hazard. The ability for the public and emergency operations personnel (police, firefighters, ambulance, etc.) to safely access hazardous lands during flood events is a paramount consideration in any application for development within the riverine floodplain. The existing south entrance to the site is outside floodplain, therefore it can be utilized as a future emergency vehicular access to the site. Any proposed development to accommodate above mentioned uses must consider the provision of safe access and plans and drawings must identify vehicular Page | 2 Healthy watersheds for today and tomorrow. access to and from Port Darlington Road on the south side. Please see the location of the entrance on the attached mapping. The Conservation Authorities Act and Ontario Regulation 41/24 Please note that a CLOCA permit pursuant to Ontario Regulation 41/24 needs be acquired from CLOCA prior to starting any construction activity. The applicant is required to contact CLOCA after receiving their Planning Act application approval to consult our permit requirements. Thank you for the opportunity to provide comments on this minor variance application. Please feel free to contact the undersigned should you have any questions. 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The applicant requires a Minor Variance to facilitate to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a)Contractor's or tradesman's workshop and yard; b)Equipment sales and rental, light; c)Equipment sales and rental, heavy; d)Outside storage of goods and materials where such use is accessory and incidental to a permitted use e)A farm implement and equipment sales and service establishment; f)A dry light industry within a wholly enclosed building or structure; g)A work shop within a wholly enclosed building or structure; h)An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i)A motor vehicle repair garage within a wholly enclosed building or structure. Development Engineering has reviewed the above-noted application. We have no objection to this proposal. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Mina Mehran, EIT, M. Eng. Transportation Engineer on Behalf of Karen Richardson, P.Eng. Manager of Development Engineering Planning and Infrastructure Services MM/AKA To: From: Mina Mehran, Transportation Engineer, on behalf of, Karen Richardson, Manager of Development Engineering January 14, 2026 Minor Variance Application A2025-0047 Applicant: Andrew Russell, Neil Burgess and Associated Law Office Address: 125 Port Darlington Road, Bowmanville January 22, 2026 To: The Committee of Adjustments Municipality of Clarington Regarding: Application of Minor Adjustment A-2025-0047 My name is Keven Reay and I live in unit #12 at 120 Port Darlington Rd., directly adjacent to the Applicant. I believe I speak the sentiments of many, if not most, of the owners in our 25 unit townhouse complex. I would like to preface my comments by first saying that Wiggers has been an excellent neighbour and while we would hate to see them leave, we understand their need to expand the market for the potential sale of their property. Having said that, we would gladly welcome a minor variance for residential or businesses that complement this area and aligns with Clarington’s recent waterfront strategy. We do not agree with the shot gun approach to the businesses listed in the application. This area has become unique since the development of the waterpark and Kaitlin homes east of us. Foot, bike and car traffic has increased exponentially along Port Darlington Rd. over the last 5 years. The road is designated as the part of the waterfront trail. The road has no sidewalk; it is in poor repair and there are blind spots. At any time of day, particularly in the warmer months, you will see people and bikes on this road. The road has become part of a popular circuit for peoples’ daily walk. We have advised the Municipality that it is dangerous and something must be done before someone is seriously injured. Allowing businesses listed in the minor variance is wrong for two reasons. One, the use of that property would not align with the new waterfront strategy. And two, increased truck traffic creates additional risk to the people who come to enjoy the waterpark, waterfront and the waterfront trail. We also question the details of any sale if the application is approved. The applicant also owns the waterfront property beside the waterpark. Does the application include this valued waterfront property? Currently it is listed on MLS with the condition that, if purchased, the buyer must also purchase the boat yard. This needs to be resolved. Does the Municipality wish to see a factory or garage on the waterfront? We ask that the Committee of Adjustments consider the longer term strategy for this area. The Bowmanville waterfront will never be visioned as a safe and family friendly go to spot until it takes some responsibility for the future of the road, and the privately owned lands, ie. Wiggers and the Marina, owned by Kaitlin. We suggest that the Applicant reapply asking for a minor variance that is in line with what the area has now become. Townhomes, old age homes, restaurants or additional parkland are just some suggestions. We will gladly support a minor variance provided it is reasonable for the area. Thank you Keven Reay kevenreay@gmail.com 647-643-5956      ! "# $%& ! "' $%()*$+,-*.3245325236789:;$?;$@A&=;$@A(-$'+")"," .?* "@B9;CD,KLFME;FGH8I4,KLFM"OP ")  *$+P'* ! "' $%()*$+,-*,Q $'"R?%?+@+@+*S'$"Z e]__]\^f]ghij^khajja]gd]dlcm]hhaddcc]eY`n^jdhcgdjlcodluvwxyxzw{{z|}~|€ ‚zƒ‚„|……€zz‚‚†€zƒzƒ‚wzzw‡ƒ‚ |‚~ƒƒ€‡ƒ‡‰‚w~‰Šxƒ|†xzƒ‚‹}}‰€‡wŒz x}~|}‚~zŠwŒ ~‚‰wz€|Œxƒ€}zw~‚w wx†‚‰‰wxw‡|}Š|{zƒ‚wzzw‡ƒ‚  ‘’‰€xz€ŒŽ wz‚ “‚”~tdl™dlcš^cjda]g]em_opagqd]g›jœodcpep]gdjdpodcqi\ojpoajc`uV`cfpažodcfp]fcpdidl]^ql`]cjhcgda]gadu[dajš_copl]\cžcp™dlolcYff_ašogdjfp]fcpdio_aqg\adldlc\odcpep]gdjdpodcqiu[g`^jdpaog`]cjg]du˜dlcpdlogdlc\odcpdpcodhcgdf_ogd™dlcpcajg]]dlcpcopcoujšlogqc`uVlcpcajg]\olaql`cqpcc]ef^k_aš^joqcuVlchopagdh]žchcgd\adlagadjiop`og`ošp]jjdlcjdpccdd]dlcgcaqlk]^pagpagqog`eo__uVlcp]o`p^ggagqo_]gqdlcfp]fcpdiaj`cjaqgodc`oja_u[dajlaql_i^jc`e]p\o_bagqog`kabcpa`agq™icddlcpcajg]ja`c\diajj^cu„|……€zz‚‚…‚…”‚~xz|{w…€‰€w~€ ‚zƒ‚…x‚‰‚x†€zƒzƒ‚¡wz‚~{w‰xwŒ ¢ˆ€ €ŒŽ£~€Œ‡€}‰‚x—£ˆ”‰€‡ˆxwŽ‚wŒ xw{‚zŠw~‚y‚Š‚‰cgda]goddlc_ojdlcopagqpcqop`agqdlcjo_c]edlcfp]fcpdiu[ložcZ¤_ajdagq`odc`¥cku¦§dluVlcpcajg]`]^kddlcfp]fcpdi™bg]\goopk]^pm]hfogi_og`j™aj_agbc`d]dlck]odiop`ugš]fac`ep]hm_opagqd]g›jœodcpep]gd¤dpodcqiœodcpep]gdža__cœodcpep]gdlojdlcf]dcgdao_d]kcš]hcožakpogdog`oššcjjako_ogšagqcš]g]hašžado_adi\adlf^k_ašcgn]ihcgdu¨_oggagqe]pœcj\a__j^ff]pdj^jdoagok_cqp]\dlog`cglogšc`pcšpcoda]go_]ff]pd^                                                         !" #$ %&'( )  $ Page 1 of 5 December 22, 2025 Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 Attention: Secretary-Treasurer Re: Variance Planning Rationale 125 Port Darlington Road, Bowmanville Our File: 101053 Dear Mr./Ms. Secretary-Treasurer, D.G. Biddle and Associates Limited has been retained by Wiggers Custom Yachts Ltd. to submit a Variance application to the Municipality of Clarington Committee of Adjustment for the properties located at 125 Port Darlington Road, including the unnumbered property immediately north of 125 Port Darlington Road, in Bowmanville. PROPERTIES The combined properties are located on the east side of Port Darlington Road, just north of Lake Ontario and just metres east of Bowmanville Creek/Bowmanville Harbour. The properties are currently used as a boat building and boat sales as well as repair and storage facility for boats and other watercraft. NEIGHBOURHOOD CONTEXT Lands located immediately on the west side of Port Darlington Road include a residential townhouse development and a marina with boat launch. To the east and southeast is the Bowmanville wastewater treatment plant. To the north is a separate boat and trailer storage yard, the treatment plant driveway, a small creek and a heritage dwelling. Lands to the south include marina facilities and another boat launch, Port Darlington East Park and Lake Ontario. ZONING The properties are zoned General Industrial Exception Two (M2-2) Zone according to the Municipality of Clarington Zoning By-law 84-63. The variance application seeks to add uses under Sections 45(2)(a)(ii) and 45(2)(b) of the Planning Act. The requested additional uses include all of the permitted uses within the parent M2 Zone permissions. The M2 uses include the following; i) All those uses permitted in the M1 Zone; ii) Equipment sales and rental, heavy; Page 2 of 5 iii) A feed mill or seed cleaning plant; iv) A cartage or transport depot and yard; v) A farm implement and equipment sales and service establishment; vi) Bulk storage tanks and related uses; vii) Motor vehicle body shop; viii) Motor vehicle repair garage; ix) Contractor's or tradesman's workshop and yard; x) Outside storage of goods and materials where such use is accessory and incidental to a permitted use; xi) A storage area for boats and trailers; xii) A precast concrete products or prefabricated wood products manufacturing and fabricating plant; and xiii) An auction room. The M1 use permissions (as referenced above) include the following; i) Bank or financial office; ii) Building supply and/or home improvement outlet within a wholly enclosed building or structure; iii) Business or professional office provided such use is accessory and incidental to a permitted use otherwise specified herein; iv) An eating establishment; v) An eating establishment take-out; vi) Equipment sales and rental, light; vii) A commercial or technical school; viii) A dry light industry within a wholly enclosed building or structure; ix) A work shop within a wholly enclosed building or structure; x) An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; xi) A printing or publishing establishment; xii) A warehouse for the storage of goods and materials within a wholly enclosed building or structure; xiii) A factory outlet; xiv) A motor vehicle repair garage within a wholly enclosed building or structure; xv) Adult entertainment parlour within an eating establishment or tavern; xvi) Tavern; xvii) A private club; and xviii) A transport service establishment The M2 uses are general industrial uses and represent uses that could be considered moderate level industrial uses with the potential for some adverse impacts on nearby sensitive land uses. The M2 zone allows for M1 uses as well, which are generally considered light industrial uses and commercial uses to service the local industry. The M2-2 Zone permits the use of the property as a boat repair shop and boat storage area, both of which are defined within the exception zone text (ZBL S.24.4.2). The Planning Act allows for a municipality to zone lands to prohibit use. In the case of the Page 3 of 5 subject property, the M2-2 Zone prohibits the use of the property for any use other than those two uses directly related to boat repair and boat storage. The Planning Act has been interpreted to allow zoning by-laws to regulate the use but not the user of the property, and also to limit the absolute prohibition of uses. However, the M2-2 Zone appears to have been enacted with the intent to allow one user to use the property, that being the boat repair and storage operator. Further, the M2-2 Zone appears to limit the use of the property to boat repair and storage and absolutely prohibit any other use. Because we cannot assume that this is the intent of the M2-2 Zone, simply because we cannot assume that Council adopted a by-law in contravention of the Planning Act, then instead we can only assume that it is not the intent of the M2-2 zone to be so exclusive and so prohibitive, and therefore a broader interpretation of the permitted uses is inherent. CONFORMITY TO PERMITTED USE TEST (Section 45(2)(b)) Section 45(2)(b) of the Planning Act bestows upon the Committee of Adjustment the power to “permit the use of land, building or structure for any purpose that, in the opinion of the committee, conforms with the uses permitted in the by -law.” Mirriam-Webster’s online dictionary defines “conform” as “to be similar or identical”. From a land use perspective, boat repair and boat storage is no different than a general repair and general storage use, regardless of the device being repaired or stored. Most of the permitted uses within the parent M2 Zone are similar or identical to a repair use o r a storage use. It is therefore my opinion that the requested variance satisfies the use test under Section 45(2)(b) of the Planning Act. Boats are repaired and stored either inside or outside Boats with fiberglass hulls must be repaired indoors as the material cannot be subject to rain or snow during repair. Non-fiberglass hulls can be repaired indoors or outdoors. Boat storage can either be indoors or outdoors depending on the size of the boat. From an impact perspective, boat repair and storage is more intrusive than almost any other type of repair and storage because of the outdoor operations. The repair of any other device will almost always occur indoors. The storage of almost any other item will generally occur indoors, though even outdoor storage of most items has no greater impact on adjacent uses than outdoor boat storage. SIMILAR TO LEGAL NON-CONFORMING USE TEST (Section 45(2)(a)(ii)) Section 45(2)(a)(ii) of the Planning Act allows a Committee of Adjustment to permit “the use of such land, building or structure for a purpose that, in the opinion of the committee, is similar to the purpose for which it was used on the day the by-law was passed…” On the date of the passing of the site-specific zoning by-law, the property was used, and continues to be used, for boat building and boat sales. These uses are not explicitly identified in the site-specific zoning by-law, and having been continuous since the passing of such by- law, these uses are considered “legal non-conforming”, i.e. legally established and now non- conforming with the current by-law permissions. The Committee has the power to allow for new uses that are similar to the existing legal non - conforming use. The existing legal non-conforming use of the property as boat building and boat sales can be more generally characterized as manufacturing and sales. Boat building would be described by the zoning by-law as “manufacturing”, and boat sales similarly is Page 4 of 5 described simply as “sales”. Manufacturing and sales uses are similar enough to several of the requested additional M2 uses, specifically heavy equipment rental and sales, farm implement and equipment sales and service establishment, motor vehicle body shop and repair garage, contractor's or tradesman's workshop and yard, accessory outside storage of goods and materials, and storage area for boats and trailers. It is therefore my opinion that the requested variance satisfies the use test under Section 45(2)(a)(ii) of the Planning Act. ENVIRONMENTAL LAND USE PLANNING GUIDES (D GUIDELINES) While not specifically a test under Sections 45(2)(a)(ii) or (b), it is the expectation of the approval authority to consider the potential adverse impacts of one land use on another, and vice versa. The residential dwellings located on the west side of Port Darlington Road could potentially be subject to adverse conditions with the introduction of one or more M2 uses. Light and moderate level industrial uses have the potential to limit the use and enjoyability of sensitive land uses based on the proliferation of pollution in the form of noise, vibration, odour or particulate matter, amongst others. The Ministry of Environment, Conservation and Park’s D-Series Guidelines provide direction for land use decision-making for industrial land uses in proximity to sensitive land uses. The D-6 Guidelines recommend a minimum setback distance of 20m for Class I industrial uses in proximity to sensitive land uses, such as the residential townhouses located immediately across the street from the subject property. Coincidentally, Port Darlington Road has a width of approximately 20m. Class I land uses generally can be described as lighter intensity uses with fully enclosed interior operations, with no outdoor storage, no audible noise , odour or vibration off property, and with daytime operations only. Class II land uses include higher intensity uses which potentially result in greater influence at the property line. Class II land uses may not be appropriate without mitigative measures given the proximity of the subject properties to the sensitive land use across the street. The minimum recommended separation distance from a Class II use to a sensitive land use is 70m, but with a potential area of influence up to 300m. Several of the requested M2 uses could be classified as Class II uses, however as described earlier, may have a lesser adverse impact than the current uses. These adverse impacts could be lessened with mitigative implementations that would be secured through a site plan control agreement. On the east side of the properties is the Bowmanville wastewater treatment plant. The recommended separation distance of a wastewater treatment plant of this size to a sensitive land use is a minimum 100m. There is currently about 100m from the property lines of the wastewater treatment plant to the townhouses on the west side of Port Darlington Road, to the residential subdivision to the east, and to the shoreline residential dwellings to the south . The wastewater treatment plant property is delineated with a solid yellow line on the attached sketch, with the 100m buffer from those property lines shown using a yellow dashed line. The subject properties and their 20m buffer (shown with blue solid and dashed lines) fall almost completely within the 100m buffer of the existing wastewater treatment plant. As such, the expected impact of the new uses on the adjacent sensitive land uses to the west are expected to be equal to or less than the impact of the existing wastewater treatment plant. Page 5 of 5 CONCLUSSION The existing permitted uses under the M2-2 Zone are too restrictive and too prohibitive to be able to apply reasonably to the property, and as such the use permissions should be applied more generally than restrictively. The Committee has the power to add use permissions where the use permissions are described in general terms. The existing legal non-conforming uses are similar to the several of the use permissions in the M2 Zone. The Committee has the power to add use permissions where the requested new uses are similar to a legal non-conforming use. The requested uses are similar in noise, operational and visual impacts as those existing use permissions present on the site today. The proximity of a sensitive land use will restrict the use permissions to those that would qualify as a Class I use as described in the MECP D - Guidelines, or in some cases as a Class II use if mitigative measures are implemented such as the case may be. Class I uses will require a buffer with limits similar to the extent of the existing buffer for the wastewater treatment plant. Also, the properties are not appropriate for a change of use to a sensitive land use due to the proximity to and the area of influence of the wastewater treatment plant. Only non-sensitive land uses are permitted within this area due to the adverse impacts of the existing wastewater treatment plant. It is therefore my opinion that the requested additional uses are appropriate subject to their classification as Class I industrial land uses under the MECP D - Guidelines, and those new land uses are appropriate in the context of the existing surrounding l and uses. Yours Truly, D.G. BIDDLE AND ASSOCIATES LIMITED ENGINEERS AND PLANNERS Michael J. Fry Michael J. Fry, M.C.I.P., R.P.P. Manager, Planning Group Attachment “A” D-2 and D-6 Guidelines recommended minimum buffers from a sensitive land use to an industrial facility and sewage treatment facility Waste Treatment Plant Property Waste Treatment Plant 100m Buffer Subject Property Class I Industrial Use D-6 20m Buffer MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Thank you for the opportunity to provide comments. Please find the following comments for your consideration. The purpose of the Minor Variance application is to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a) Contractor's or tradesman's workshop and yard; b) Equipment sales and rental, light; c) Equipment sales and rental, heavy; d) Outside storage of goods and materials where such use is accessory and incidental to a permitted use e) A farm implement and equipment sales and service establishment; f) A dry light industry within a wholly enclosed building or structure; g) A workshop within a wholly enclosed building or structure; h) An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i) A motor vehicle repair garage within a wholly enclosed building or structure. The subject property is designated “Waterfront Greenway” in the Clarington Official Plan (COP). Please review the permitted uses listed in policy 14.8 of the COP. To: Hebah Masood, Acting Secretary Treasurer, Committee of Adjustment From: David Perkins, Principal Planner, Community Planning Date: February 18, 2026 Subject: 125 Port Darlington Road File: A2025-0047 MEMO The subject property is also designated “Marina Commercial” in the Port Darlington Neighbourhood Secondary Plan (PDNSP). Please review the permitted uses listed in policy 6.1 of the PDNSP. Based on our cursory review of the proposal, Community Planning notes that the proposed uses do not appear to conform to the permitted uses listed in the COP and the PDNSP, and they do not conform to the general intent of both plans. As such, Community Planning cannot support the application at this time. Please note that the subject site is located within the study area of the Clarington Waterfront Strategy, which envisions a waterfront that honours the identified values of the Municipality’s citizens revolving around the preservation, stewardship and maintenance of the waterfront’s natural systems and processes, and public access to the shoreline through interconnected trail networks which will support the enjoyment of various recreational opportunities. The proposed uses on the subject site do not align with this vision. Sincerely, David Perkins, Principal Planner, Community Planning cc: Lisa Backus, Manager of Community Planning Planning and Infrastructure Services Committee of Adjustment Minor Variance Staff Summary of Comments Submitted A-2025-0052 105 Queen Street, Bowmanville Municipal Departments / External Agencies Comment Development Department Municipality of Clarington Committee of Adjustment A-2025-0052 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 26, 2026 File Number: A2025-0052 Address: 105 Queen Street, Bowmanville Report Subject: A minor variance to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a 223-unit apartment geared towards seniors, by increasing the density (maximum) from 185 units/suites per net hectare to nil, by reducing the east lot line yard setback minimum from 29 metres to 3 metres, by reducing the south lot line yard setback minimum from 31 metres to 7.5 metres, by reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres, by reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres, by increasing the maximum building height from 9 storeys to 10 storeys, by reducing the total number of parking spaces required from 300 spaces to 135 spaces, and by permitting outdoor amenity area within 0 metres of the east lot line whereas the by-law does not permit outdoor amenity area within 30 metres of the east lot line, and by reducing the landscaped open space minimum from 35% to 25%. Recommendations: 1. That application A2025-0052 be received; 2. That all written comments and verbal submissions are considered in the deliberation of this application; 3. That application A2025-0052, for a Minor Variance to Section 15.4.36.b.i by increasing the density (maximum) from 185 units/suites per net hectare to nil, Section 15.4.36.b.ii.a by reducing the east lot line yard setback minimum from 29 metres to 3 metres, Section 15.4.36.b.ii.b by reducing the south lot line yard setback minimum from 31 metres to 7.5 metres, Section 15.2.c.ii by reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres, Section 15.4.35.b.ii.b by reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres, Section 15.4.36.b.iv by increasing the maximum building height from 9 storeys to 10 storeys, Section 3.16.e by reducing the total number of parking spaces required from 300 spaces to 135 spaces, Section 15.4.36.b.vii by permitting outdoor amenity area within 0 metres of the east lot line whereas the by-law does not permit outdoor amenity area within 30 metres of the east lot line, and Section 15.2.f by reducing the landscaped open space minimum from 35% to 25% of Zoning By-law 84-63 to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a 223-unit apartment geared towards seniors, be tabled for a period of up to two (2) years and no later than February 2028. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 3 1. Application Details 1.1 Owner: Chartwell Seniors Housing (Bowmanville) Inc. 1.2 Applicant: Greg Gilbert c/o Fitzrovia Real Estate Inc. 1.3 Proposal: A minor variance to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a 223-unit apartment geared towards seniors, by increasing the density (maximum) from 185 units/suites per net hectare to nil, by reducing the east lot line yard setback minimum from 29 metres to 3 metres, by reducing the south lot line yard setback minimum from 31 metres to 7.5 metres, by reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres, by reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres, by increasing the maximum building height from 9 storeys to 10 storeys, by reducing the total number of parking spaces required from 300 spaces to 135 spaces, and by permitting outdoor amenity area within 0 metres of the east lot line whereas the by-law does not permit outdoor amenity area within 30 metres of the east lot line, and by reducing the landscaped open space minimum from 35% to 25%. property with the municipal address 105 Queen Street (i.e., the (R4-35), [(H)R4-36], and (EP) zones). 1.5 Location: 105 Queen Street, Bowmanville Residential Exception [(H)R4-36]”, and “Environmental Protection (EP)” within Zoning By-law 84-63 Plan Designation: “Urban Centre” and “Environmental Protection” Designation: Water, Sewage and Storm Servicing: “High Density Residential” and “Environmental Protection” within the Bowmanville East Town Centre Secondary Plan Proposed municipal water, storm, and sanitary servicing Municipality of Clarington Committee of Adjustment A-2025-0052 Page 4 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2025-0052 Page 5 2. Background Subject Lands Context 2.1 The subject property is located at 105 Queen Street in Bowmanville (See Figure 1) and has an existing 5-storey, 143-unit Retirement Home with surface level parking known as “Phase 1” of Chartwell Bowmanville Creek. The subject lands are zoned “Urban Residential Exception (R4-35)”, “(Holding) Urban Residential Exception [(H)R4-36], and “Environmental Protection (EP)” within Zoning By-law 84-63. Phase 1 of Chartwell Bowmanville Creek, an existing 5-storey, 143-unit Retirement Home, is located on the northern portion of the lands within the (R4-35) Zone and has been operational since 2017. 2.2 The surrounding uses are as follows: a. South – Residential lands consisting of a single detached dwelling, Bowmanville Creek, and the former Goodyear site b. North – Low-density residential and commercial uses to the north c. East – Abandoned industrial lands of the former Goodyear manufacturing plant to the east with proposed residential uses on the lands d. West – Bowmanville Creek and trail system Applications Submitted 2.3 On December 23, 2025, Planning Staff received an application for Minor Variance from the applicant for 105 Queen Street in Bowmanville. The Minor Variance application seeks to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a proposed 223-unit apartment geared towards seniors, as well as facilitate the severance of the subject lands. 2.4 The applicant has submitted an application for consent (i.e., severance) which is proposed to divide the Phase 1 and Phase 2 lands for ownership and financing purposes. At the time of writing this report, the Municipality has received two applications for consent from the applicant; one application for the creation of a new lot, and one application for easements. The received applications for consent will be heard at a future meeting date. A third consent application for additional easements is anticipated to be submitted in Spring 2026. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 6 2.5 Nine (9) Minor Variances are required to facilitate Phase 2 of Chartwell Bowmanville Creek as well as the future severance of the subject property. The Minor Variances are to increase the density (maximum) from 185 units/suites per net hectare to nil, reduce the east lot line yard setback minimum from 29 metres to 3 metres, reduce the south lot line yard setback minimum from 31 metres to 7.5 metres, reduce the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres, reduce the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres, increase the maximum building height from 9 storeys to 10 storeys, reduce the total number of parking spaces required from 300 spaces to 135 spaces, permitting outdoor amenity area within 0 metres of the east lot line whereas the by-law does not permit outdoor amenity area within 30 metres of the east lot line, and reduce the landscaped open space minimum from 35% to 25%. 2.6 In previous conversations with Staff on November 25, 2025, the applicant was informed that an application for Minor Variance prior to the submission and circulation of a Site Plan Application was pre-mature. Staff are of the opinion that a Site Plan Application should be circulated to departments and agencies to receive comments on the built form, and that any application for Minor Variance to address zoning deficiencies should be heard by the Committee of Adjustment once the built form is supported. The hearing of Minor Variances to facilitate a severance is supported prior to the circulation of a Site Plan, however, the severance application was not submitted in conjunction with the Minor Variance to be heard at the February 26, 2026 meeting. 2.7 The proposed development seeks to align with the policies outlined within the Bowmanville East Urban Centre Secondary Plan. Official Plan Amendment 136 (OPA 136) which would replace the Bowmanville East Town Centre Secondary Plan with the Bowmanville East Urban Centre Secondary Plan is currently under appeal. As OPA 136 is under appeal, the Bowmanville Town Centre Secondary Plan is the Secondary Plan in full force and effect, and therefore the Secondary Plan policies which apply to the current applications for the subject lands known as “105 Queen Street”. 2.8 The Bowmanville Town Centre Secondary Plan outlines a maximum height of 9 storeys for 105 Queen Street, which would require an Official Plan Amendment to permit the proposed 10 storeys. The maximum height permitted in the appealed Bowmanville East Urban Centre Secondary Plan for 105 Queen Street is 10 storeys. If the appeal of OPA 136 is scoped and the policies which apply to 105 Queen Street come into full force and effect, an Official Plan Amendment will not be required. At the time of writing the report, the Municipality cannot guarantee if or when OPA 136 will come into full force and effect. Further conversation between Staff and the applicant are required to determine the appropriate avenue to address policy concerns with the proposed development. 2.9 A portion of the subject lands are designated “Environmental Protection” which are part of Clarington’s Natural Heritage System within the Clarington Official Plan. As a severance application is forthcoming, an Environmental Impact Study (EIS) is required to identify the constraints and development limits. Additional studies and reports including an Environmental Site Assessment and a revised Traffic Impact Study are required to determine supportability of the requested Minor Variances. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 7 3. Public Notice and Submissions 3.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. Two (2) signs were installed; one sign was installed on Queen Street and one sign was installed on Queen Avenue. In addition, the appropriate notice was mailed to each landowner within 60 metres of the subject site. 3.2 At the time of writing this report, Staff have received two comments from members of the public. The nature of the first comment was that they support the development of Phase 2 of Chartwell Bowmanville Creek, however they have questions regarding sloping, runoff, and the routing of the watermain from the existing single detached dwelling to the south in relation to the proposed development. The nature of the second comment was that they have questions and concerns regarding the proposed size and location of the development in relation to shadowing, sunlight, and traffic congestion along Queen Avenue. 3.3 The concerns raised by members of the public will be addressed in a future recommendation report to the Committee of Adjustment upon receipt of and Staff’s review of the required technical reports and studies related to the Minor Variance application. 4. Discussion Justification for Tabling 4.1 Since November 2025, there have been several meetings between the applicant, Clarington Staff, and external agencies to discuss the requirements of applications to facilitate Phase 2 of Chartwell Bowmanville Creek development. Development Engineering has provided comments that the justification submitted as part of the Traffic Impact Study does not provide sufficient justification for the reduction of the number of required parking spaces and that further information including comparable proxy sites is required. 4.2 During conversations between the applicant, Staff, and the Central Lake Ontario Conservation Authority (CLOCA), it was noted that an updated Environmental Impact Study (EIS) is required to determine the developable limits and constraints of the site. Site staking cannot occur until leaf-on, and therefore the results of the EIS will not be determined until Summer 2026 at the earliest. Additionally, the applicant has stated that they believe the top of bank that was established as part of the original Zoning By-law Amendment and Official Plan Amendment applications did not accurately identify the developable limits of the subject property. An updated site staking exercise is required to determine the delineation of the hazard lands and natural heritage features. 4.3 Staff are of the opinion any recommendation on the proposed Minor Variances are premature prior to receiving required reports and studies, as well as submission and circulation of a Site Plan application. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 8 4.4 Staff are in support of continuing to work with the applicant to progress the applications and address outstanding requirements and concerns in order to support the development of Phase 2 Chartwell Bowmanville Creek. 5. Conclusion 5.1 Based on Staff’s review of the requested Minor Variances, Staff recommend tabling of the Minor Variance application for a period of up to two (2) years and no later than February 2028. Submitted by: Ainsley Johnston Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Concurrence: This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Ainsley Johnston, Planner I, (905) 623-3379 x2438 or AJohnston@clarington.net. Attachments Attachment 1: Site Plan Attachment 2: Clarington Development Engineering Comments Attachment 3: Clarington Building Comments Attachment 4: Clarington Fire & Emergency Services Comments Attachment 5: Central Lake Ontario Conservation Authority (CLOCA) Comments Attachment 6: Durham Region Works Department Comments Attachment 7: Rogers Communications Comments Attachment 8: Canada Post Comments Attachment 9: Lakeridge Health Bowmanville Hospital Comments Attachment 10: Member of the Public Comments Regarding Proposed Minor Variances Municipality of Clarington Committee of Adjustment A-2025-0052 Page 9 Interested Parties: Shaun McGarry Kevin Nesbitt The following interested parties will be notified of Committee's decision: Shaun McGarry Kevin Nesbitt 4. 9 0 TE M P E R A N C E ST R E E T DI V I S I O N ST R E E T PA R T 1 , P L A N 1 0 R - 3 9 2 1 PART 6, PLAN 10R-2146 PART 1, PLAN 40R-14289 PA R T 1 , P L A N 4 0 R - 1 4 2 8 9 PAR T 5 , PLA N 1 0 R - 2 1 4 6 PA R T 4 , P L A N 1 0 R - 2 1 4 6 PA R T 3 , P L A N 1 0 R - 2 1 4 6 PL A N 1 0 R - 1 5 4 3 PA R T 2 2 PLAN 10R-1543 PART 22 PL A N 4 0 R - 2 5 9 5 9 PA R T 1 PLA N 1 0 R - 2 1 4 6 PAR T 2 PART 4, PLAN 40R-29178 PART 1, PLAN 40R-29178 PART 2, PLAN 40R-29178 PART 3, PLAN 40R-29178 PA R T 3 , P L A N 4 0 R - 2 9 1 7 8 QUEEN STREET QU E E N S A V E N U E BLOCK T, JOHN GRANTS PLAN (P R E V I O U S L Y K N O W N A S R E Y D E R S T R E E T ) ( U N N A M E D S T R E E T E S T A B L I S H E D B Y R E G I S T E R E D P L A N H 5 0 0 8 1 ) RE G I S T E R E D P L A N H - 5 0 0 8 1 REGISTERED PLAN 34 1/2 (LOT UNNUMBERED) LO T 1 2 , C O N C E S S I O N 1 LOT 12, CONCESSION 1 LO T 2 0 LO T 1 PORCH CONC. CURB SW A L E SWAL E SWALE CURBCUT CU R B C U T CU R B CU T CU R BCU T CUR B CUT CURB CUT CURB CUT CURB CUT CU R BCU T CURB CUT A B 2 3 INVERT=101.21 BOTTOM=100.98 250mm ∅ PVC WATER ' S E D G E O N F E B R U A R Y 3 , 2 0 1 2 LOT 102, BLOCK N, JOHN GRANTS PLAN STREET LINE TOP OF B A N K TOP O F B A N K TOP OF SLOP E TOP O F S L O P E TO P O F S L O P E TOP O F S L O P E PL Y O N PIPE PIPE ROCK GARDEN ROCK GARDEN 9. 2 1 ( M ) 9. 1 5 ( P 2 & M ) 9. 2 7 (P 3 , P 7 & M ) 0.38(P7&M) (F D N ) (F D N ) 20.91 21.02 (P7&M) (P7&M) 0.87N(P7&M)0.41W(P3,P7&M) 10.85 10 . 9 7 10 . 7 4 18.60 18.46 27.93 74 . 8 6 52.83 50.92 5.50 5.55 4.10 5. 2 3 CRW 0.44W CRW0.25W (A S N A M E D B Y R E G I S T E R E D P L A N 3 4 1 / 2 ) CS W CO N C R E T E S I D E W A L K CO N C R E T E S I D E W A L K CONCRETE SIDEWALK CS W CS W CS W CS W CS W CO N C R E T E CSW CSW CSW CS W CS W CS W CSW WO O D R E T A I N I N G W A L L WIF ON TOP OF ROCK WALL WI F O N T O P O F R O C K W A L L CONCRETE WALL WI F O N T O P O F C R W CRW WI F O N T O P O F C R W WI F O N T O P O F C R W INGROUND POOL PIN 26932-0247(LT)PI N 2 6 9 3 2 - 0 2 4 6 ( L T ) PI N 2 6 9 3 2 - 0 4 2 0 ( R ) PIN 26932-0422(LT)PIN 26932-0252(LT) PI N 2 6 9 3 2 - 0 2 5 2 ( L T ) PI N 2 6 9 3 2 - 0 2 5 5 ( L T ) PIN 2 6 9 3 2 - 0 2 5 0 ( R ) PIN 2 6 9 3 2 - 0 4 2 2 ( L T ) PI N 2 6 9 3 2 - 0 2 5 0 ( R ) PIN 26932-0249 (R) PIN 26932-1012(LT) HYDRO VAULT HYDRO VAULT ED G E O F G R A V E L ED G E O F G R A V E L ED G E O F G R A V E L ED G E O F G R A V E L EDG E O F G R A V E L EDG E O F G R A V E L SUBJECT TO EASEMENT IN FAVOUR OF ROGERS COMMUNICATIONS INC. AS IN INST. DR1574612 CO N C R E T E C U R B CO N C R E T E C U R B CO N C R E T E C U R B CO N C R E T E C U R B CONCRETE EDGE OF CONCRETE CONCRETE CONCRETE N70°27'10''W (P1)45.51 (P4) N69°50'55''WN69°55'00''W (P2) N69°50'40''W (P1)34.77 (P1) 34.80 (P2) N14 ° 0 0 ' 0 0 ' ' W (P2 ) 54.8 6 (P2 , P 6 ) N0 3 ° 1 3 ' 0 0 ' ' W (P 2 ) 0.43(P3) N2 0 ° 4 5 ' 0 0 ' ' E (P 3 ) (P1,P3) N67°55'00''W (P1,P3) N67°37'00''W (P6) N2 1 ° 3 4 ' 3 0 ' ' E (P 6 ) N1 8 ° 5 5 ' 2 0 ' ' E (P 1 ) 9. 9 6 (P 1 ) N2 0 ° 5 2 ' 3 0 ' ' E (P 1 ) 9. 2 3 ( P 2 ) N0 0 ° 5 6 ' 0 0 ' ' W (P 6 ) N11 ° 4 3 ' 0 0 ' ' W (P6 ) N2 3 ° 2 2 ' 3 0 ' ' E (P 6 ) 9. 9 7 (P 1 , P 6 ) N2 1 ° 1 1 ' 3 0 ' ' E (P 6 ) N69°55'00''W (P2)N70°29'30''W (P4) N67°33'30''W (P6) 45.43 (P1) 40.23(DEED) N70°23'30''W (P7)(P7) N69°50'55''W (P7) N14 ° 0 2 ' 3 0 ' ' W (P7 ) N0 3 ° 0 5 ' 2 5 ' ' W (P 7 ) N1 8 ° 5 2 ' 4 0 ' ' E (P 7 ) N2 1 ° 1 2 ' 2 0 ' ' E (P 7 ) 0.89N(P3) N2 0 ° 0 1 ' 0 0 ' ' E (P 1 ) (R P 2 ) 16 8 . 4 5 (P 6 ) 17 1 . 4 0 BOTT O M O F S L O P E BO T T O M O F S L O P E BOTTOM OF SLOPE BOT T O M O F S L O P E BO T T O M O F S L O P E 5. 0 0 3.29(P2,P7&M) (P 3 , P 5 , P 7 , D 1 & M ) N67°57'30''W(M)0.91 (P1,P6,P7&S) N2 1 ° 3 7 ' 4 0 ' ' E ( M ) (P5,P6,P7,D1&M) N2 1 ° 1 3 ' 1 5 ' ' E ( M ) 9. 9 9 20.24(M) 20.28(1056) 20.12(P6) 140.16 2. 5 0 10 . 0 0 N2 0 ° 4 7 ' 3 0 ' ' E 52 . 8 2 N67°56'20''W 40.37 N67°57'30''W(M) 19.02 2. 5 0 N69°50'00''W (P 7 & M ) 13 . 5 6 (P 1 , P 6 , P 7 & S ) N70°07'30''W (P7&M) (P 7 & M ) 1. 0 0 1. 0 0 N2 0 ° 0 2 ' 2 5 ' ' E ( M ) 17 1 . 5 0 (P 7 & M ) (P 8 & S ) (P 8 & S ) (P 2 , P 6 , P 7 & M ) (P 1 , P 6 , P 7 & M ) N24 ° 5 7 ' 3 5 ' ' W 7.05 N2 1 ° 3 7 ' 4 0 ' ' E N2 0 ° 0 2 ' 2 5 ' ' E 16 1 . 5 0 1. 5 9 N70°22'30''W 45.48N69°50'00''W 34.75 N14 ° 0 1 ' 3 5 ' ' W 54. 8 9 N0 3 ° 0 4 ' 2 5 ' ' W 36 . 5 7 N1 8 ° 5 3 ' 4 0 ' ' E 29 . 5 3 (P7 & M ) (P7&M) 26.60 (P7&M) 2.365.79 11 0 . 0 0 N67°56'20''W 41.24 N2 1 ° 1 3 ' 1 5 ' ' E 6. 4 9 IB (1106)IB∅(1106) SIB(1106) IB(1056) IB (1106) SIB (1414) (1414)SIB(OU) SIB(OU) IB SIB 15 . 0 0 ( M ) 14 . 9 4 ( 4 0 R - 2 5 9 5 9 ) (OU) SIB (WIT) SOUTH LIMIT OF QUEEN STREET AS SHOWN ON RP1, RP2 AND PLAN 40R-19615 SOUTH LIMIT OF QUEEN STREET AS SHOWN ON PLAN 40R-25959 IB(1106) 0.04S (P7&S)SSIB SSIB IB 1.00S SSIB (WIT) CP SIB (1106) PI IB (WIT) SSIB SSIB SSIB SSIB (WIT) ED G E O F A S P H A L T ASPHALT PARKING ASPHALT PARKING ASPHALT PARKING ASPHALT PARKING ASPHALT DRIVEWAY ASPHALT ASPHALT ASPHALT 97.1 4 (Tw ) 99.0 3 100. 7 4 103. 9 6 104. 1 2 104. 1 7 98.0 0 97.1 4 103. 3 4 96.0 3 103. 2 5 98.4 8 102. 8 7 97.5 0 102. 5 2 98.3 7 (Tc) 97.5 0 (Top ) 100. 7 7 CB 98.6 6 (Top ) 104. 9 0 MH 105. 9 8 99.3 6 87.9 1 99.2 7 100. 5 8 97.6 4 98.8 2 87.2 8 102. 9 4 103. 9 4 103. 7 1 WV 98.2 6 98.8 0 97.1 7 95.0 9 103. 4 0 95.6 9 104. 3 6 98.8 6 103. 1 8 101. 1 5 (Bc) 97.2 7 94.9 5 103. 9 4 102. 1 5 100. 3 3 101. 3 3 99.3 6 86.6 0 99.1 7 103. 9 9 95.2 3 102. 9 2 (Top ) 97.0 4 CB (Tw ) 98.5 5 87.4 2 102. 0 0 102. 1 5 103. 7 8 103. 6 0 WV 98.9 0 98.5 6 97.2 0 95.0 4 96.8 2 102. 9 4 98.8 0 102. 6 6 99.7 7 (Bc) 97.3 0 (Top ) 94.7 9 CB 103. 1 4 107. 4 9 105. 6 5 97.5 3 95.1 0 104. 0 0 103. 8 6 103. 6 7 103. 4 8 97.1 6 97.3 6 87.0 7 102. 1 8 100. 8 6 103. 8 8 98.7 3 (Top ) 106. 1 4 MH 99.2 8 97.2 5 94.9 0 98.6 4 102. 6 7 98.9 7 (Top ) 101. 8 9 CB 98.6 9 97.1 6 95.1 3 94.9 5 102. 8 2 105. 2 6 98.1 7 97.5 3 88.1 2 100. 5 1 102. 9 6 103. 9 8 103. 5 3 95.2 8 103. 7 5 97.0 1 97.1 0 98.3 4 86.7 2 102. 4 1 99.4 4 98.4 0 104. 7 0 98.9 3 97.3 4 99.8 4 101. 1 9 99.4 5 102. 2 3 105. 6 1 98.3 4 95.8 0 94.5 3 101. 4 3 104. 4 4 97.2 7 105. 1 0 97.5 3 95.6 7 88.1 4 103. 3 0 103. 9 5 106. 1 8 95.2 2 97.0 5 98.5 5 103. 2 1 97.6 3 102. 7 9 98.1 9 103. 5 2 (Tc) 97.4 5 96.0 2 100. 8 8 97.4 3 100. 3 4 102. 6 9 106. 0 4 96.6 0 89.3 6 98.5 1 103. 9 7 101. 8 1 104. 9 0 97.6 9 100. 2 6 105. 2 6 103. 4 3 103. 5 1 102. 1 5 (Top ) 107. 6 5 MH 105. 6 5 105. 5 1 105. 5 5 (Tc) 105. 4 9 (Bc) 105. 3 5 (Bc) 105. 2 7 (Tc) 105. 4 1 (Top ) 105. 1 9 CB (Tc) 105. 1 9 105. 2 4 FH 105. 0 6 104. 8 7 104. 7 0 (Tc) 104. 9 9 (Bc) 104. 8 7 (Tc) 104. 9 1 (Tc) 104. 7 8 (Tc) 104. 6 2 (Bc) 104. 4 8 105. 2 0 104. 3 1 HP BB103. 5 8 103. 4 2 103. 5 6 103. 7 7 (Tc) 103. 7 3 (Bc) 103. 6 0 103. 3 3 (Tc) 103. 1 3 (Bc) 103. 0 3 103. 2 6 103. 2 4 103. 2 1 (Tc) 103. 1 5 (Tc) 103. 0 5 (Tc) 103. 0 6 103. 1 5 103. 0 0 102. 5 2 101. 9 0 101. 8 7 (Tc) 101. 8 6 (Bc) 101. 7 4 102. 4 5 102. 2 4 HP 102. 0 9 LP 101. 5 4 (Tc) 100. 9 8 (Bc) 100. 8 3 101. 0 8 (Tc) 100. 1 8 (Bc) 100. 1 8 102. 0 9 101. 1 2 100. 6 3 (Tc) 99.5 7 HP 100. 3 0 FH (Tc) 99.0 8 (Tc) 99.0 1 99.6 0 99.6 9 99.0 3 (Tc) 98.5 2 (Bc) 98.3 8 (Top ) 98.3 6 CB SN SN (Bc) 97.5 7 (Tc) 97.7 8 98.8 6 99.6 7 HP 99.2 6 98.8 2 98.6 6 98.4 6 (Tc) 97.5 2 (Bc) 97.3 2 (Bc) 97.1 9 (Tc) 97.3 7 97.4 4 97.2 7 97.4 3 98.8 0 (Tw ) 102. 7 7 102. 2 6 LP 102. 2 4 (Tw ) 102. 7 3 (Tw ) 102. 7 1 102. 2 0 102. 2 0 (Tw ) 102. 7 0 (Tw ) 102. 6 7 (Tw ) 102. 2 2 (Bc) 102. 1 8 (Tc) 102. 2 1 (Bc) 102. 0 2 (Bc) 102. 0 0 (Tc) 102. 1 5 102. 1 9 (Tc) 102. 2 5 (Bc) 102. 0 8 (Bc) 102. 4 4 (Tc) 102. 5 9 (Tc) 102. 7 3 (Bc) 102. 5 8 (Bc) 102. 9 8 (Tc) 103. 1 5 103. 0 9 (Bc) 102. 9 6 (Tc) 103. 1 1 (Tc) 103. 1 5 (Bc) 102. 9 5 (Bc) 103. 0 1 (Tc) 103. 1 9 (Tc) 102. 9 4 (Bc) 102. 7 8 (Bc) 102. 5 9 (Tc) 102. 7 4 (Tc) 102. 6 0 102. 4 0 102. 3 9 102. 7 2 102. 7 2 103. 0 0 103. 0 0 102. 8 6 102. 6 6 (Top ) 102. 5 1 CB 102. 5 5 102. 1 8 102. 7 2 102. 5 5 102. 5 7 102. 2 1 (Top ) 101. 7 8 DCB (Top ) 102. 1 2 MH (Top ) 101. 9 4 MH 101. 8 0 101. 8 9 (Top ) 101. 9 9 MH 101. 8 6 101. 9 4 (Top ) 102. 1 1 MH 102. 1 5 (Tc) 102. 3 2(Tc) 102. 1 9 (Bc) 102. 0 7 (Bc) 102. 0 6 (Tc) 102. 1 7 (Tc) 102. 2 9 (Bc) 102. 1 3 (Bc) 102. 2 9 (Tc) 102. 4 6 102. 4 6 (Tc) 102. 3 7 (Bc) 102. 2 0 102. 4 2 LP 102. 3 1 (Tc) 102. 2 7 102. 0 9 (Bc) 102. 0 7 (Tc) 102. 2 0 102. 2 0 (Top ) 102. 2 0 MH102. 2 4 102. 3 3 (Tc) 102. 1 2 (Bc) 101. 9 4 (Bc) 101. 9 4 (Tc) 102. 1 1 (Tc) 102. 1 1 (Tc) 102. 1 1 (Bc) 101. 9 4 (Bc) 102. 0 9 (Tc) 102. 2 3 (Tc) 102. 3 3 (Bc) 102. 1 9 (Bc) 102. 2 8 (Tc) 102. 4 3 (Tc) 102. 5 5 (Bc) 102. 3 8 (Bc) 102. 4 7 (Tc) 102. 6 4 (Tc) 102. 7 3 (Bc) 102. 5 9 SN (Tc) 102. 8 2 (Bc) 102. 6 7 (Bc) 102. 8 0 (Tc) 102. 9 5 SN (Tc) 103. 0 5 (Bc) 102. 8 7 (Top ) 103. 0 0 MH 103. 2 1 (Bc) 103. 0 1 (Bc) 103. 1 3 (Tc) (Bc) 103. 3 2 103. 3 5 (Tc) 103. 4 6 103. 4 6 103. 4 8 103. 4 7 103. 4 3 BOL 103. 4 2 103. 4 3 103. 3 9 (Tc) 103. 2 0 (Bc) 103. 0 2 (Bc) 103. 0 0 (Tc) 103. 1 7 (Bc) 102. 9 5 (Tc) 103. 1 3 (Tc) 103. 2 4 103. 2 4 (Bc) 103. 1 1 103. 2 5 LP 103. 2 1 103. 1 9 103. 1 7 103. 2 8 103. 4 9 103. 4 8 103. 3 0 103. 2 8 103. 2 3 103. 3 1 103. 1 1 103. 1 8 103. 1 3 103. 1 5 SN SN 103. 2 9 103. 2 8 (Tc) 103. 0 9 (Tc) 103. 0 9 (Bc) 103. 1 0 LP 103. 1 0 (Bc) 102. 8 8 (Tc) 103. 0 5 (Tc) 103. 0 6 (Bc) 102. 9 0 (Tc) 103. 1 8 (Bc) 103. 0 2 (Bc) 103. 1 0 (Tc) 103. 2 5 (Tc) 103. 2 9 (Bc) 103. 2 4 103. 2 8 103. 4 9 103. 4 2 103. 3 5 103. 3 3 103. 2 5 103. 3 0 (Tc) 103. 2 0 103. 2 6 103. 3 2 103. 5 0 103. 5 0 103. 3 5 103. 2 9 (Tc) 103. 2 8 (Bc) 103. 0 8 103. 3 6 LP103. 3 4 (Tc) 103. 3 0 (Bc) 103. 1 0 103. 2 6 103. 3 4 (Tc) 103. 3 0 (Bc) 103. 1 0 103. 3 4 103. 3 6 103. 3 8 103. 5 0 103. 5 0 103. 4 0 103. 3 8 SN LP103. 3 0 103. 4 4 103. 4 6 103. 5 0 (Top ) 103. 1 8 CB 103. 2 6 103. 2 4 103. 4 7 103. 4 5 (Tc) 103. 3 7 (Bc) 103. 3 1 (Bc) 103. 3 5 (Tc) 103. 4 1 (Tc) 103. 4 0 (Bc) 103. 3 9 (Tc) 103. 4 5 (Bc) 103. 4 1 103. 3 1 (Tc) 103. 3 0 (Tc) 103. 3 6 (Bc) 103. 2 0 (Bc) 103. 2 2 103. 2 7 103. 1 2 103. 0 9 103. 0 2 102. 9 1 (Top ) 102. 8 6 CB (Bc) 103. 2 1 (Bc) 103. 0 7 (Bc) 103. 0 5 (Tc) 103. 2 0 (Tc) 103. 3 1 (Bc) 103. 1 8 LP 103. 1 5 (Tc) 103. 1 7 (Bc) 102. 9 7 (Tc) 103. 0 7 (Bc) 102. 9 1 (Tc) 103. 2 1 (Bc) 103. 0 0 (Tc) 103. 2 8 (Bc) 103. 0 8 102. 8 0 102. 7 2 (Tc) 102. 8 8 SN (Tc) 102. 7 3 (Bc) 102. 5 2 (Bc) 102. 3 5 (Tc) 102. 6 0 (Tc) 102. 4 0 (Bc) 102. 2 6 102. 1 5 102. 3 4 (Top ) 102. 7 0 MH (Top ) 102. 9 7 MH (Top ) 102. 9 7 MH 103. 0 5 103. 0 4 103. 0 5 102. 9 4 102. 7 6 (Top ) 102. 6 8 CB 102. 9 0 103. 2 2 102. 8 9 102. 8 2 102. 9 1 103. 0 4 103. 2 1 103. 2 0 (Tc) 103. 2 0 (Bc) 103. 0 3 SN (Tc) 103. 2 0 (Bc) 103. 0 2 (Bc) 103. 0 1 (Tc) 103. 2 0 (Tc) 103. 1 8 (Bc) 103. 0 0 (Tc) 103. 1 8 (Tc) 103. 1 8 SN (Bc) 103. 0 4 103. 2 0 103. 1 3 (Tc) 103. 1 4 (Bc) 102. 9 8 (Tc) 103. 0 8 (Bc) 102. 9 2 103. 1 9 103. 2 1 103. 1 3 (Tc) 103. 1 3 (Bc) 102. 9 8 103. 2 2 103. 0 2 (Tc) 102. 9 6 (Bc) 102. 7 7 102. 6 0 (Bc) 102. 5 8 (Tc) 102. 7 3 102. 7 8 LP 102. 6 9 (Tc) 102. 6 5 (Bc) 102. 4 7 (Bc) 102. 1 3 (Tc) 102. 3 1 102. 3 4 102. 1 2 (Tc) 102. 0 5 (Bc) 101. 9 1 102. 0 5 (Tc) 101. 9 8 101. 8 3 (Bc) 101. 8 2 (Tc) 101. 9 8 SN 101. 9 4 (Tc) 102. 1 0 (Tc) 102. 2 4 (Bc) 102. 0 6 102. 2 2 102. 3 8 102. 1 5 102. 2 4 102. 0 9 102. 1 9 101. 9 5 102. 0 4 LP (Tw ) 103. 0 5 102. 3 1 101. 8 8 103. 1 6 103. 1 0 103. 1 3 103. 1 3 (Tw ) 103. 2 6 (Tw ) 103. 4 8 LP (Tc) 103. 0 3 (Bc) 102. 8 9 102. 9 2 (Tc) 103. 4 0 (Bc) 103. 2 6 103. 2 7 103. 1 8 (Tc) 103. 3 9 (Bc) 103. 2 8 103. 4 2 103. 4 3 103. 4 0 103. 3 8 SN103. 2 8 (Tc) 103. 3 6 (Bc) 103. 2 4 103. 1 9 (Bc) 103. 1 5 (Tc) 103. 2 8 (Tw ) 103. 4 7 103. 2 6 103. 5 5 (Tw ) 103. 4 5 (Top ) 100. 9 5 MH 101. 7 4 102. 5 0 103. 1 4 (Tw ) 103. 4 5 103. 2 3 (Top ) 103. 3 1 MH 103. 1 3 103. 3 2 98.3 0 98.3 5 98.7 6 99.4 3 99.0 7 98.8 0 99.0 3 99.3 3 99.8 7 101. 0 4 100. 2 7 99.9 0 99.5 1 99.3 6 99.6 0 (Top ) 99.9 8 BH 100. 2 7 100. 5 4 100. 6 8 100. 7 7 101. 3 1 100. 8 7 100. 8 2 100. 5 9 100. 3 7 100. 4 1 100. 7 1 100. 9 4 101. 1 1 101. 8 4 102. 7 0 103. 2 9 103. 2 6 103. 2 8 101. 9 0 100. 6 9 100. 8 6 101. 2 6 101. 6 0 101. 3 1 101. 2 6 101. 5 8 102. 2 2 102. 6 4 102. 1 9 102. 6 6 102. 8 2 101. 9 2 103. 0 7 103. 4 4 103. 5 0 POLE 102. 3 2 108. 0 3 108. 0 6 108. 0 6 105. 8 2 105. 4 4 105. 3 4 105. 0 4 (Inv ) 104. 3 4 104. 9 4 (Tw ) 105. 2 4 (Tw ) 105. 2 3 (Tw ) 105. 2 3 105. 0 3 104. 8 4 (Tw ) 105. 2 2 (Tw ) 105. 2 3 105. 3 4 105. 8 3 105. 6 3 103. 8 5 103. 3 3 103. 6 7 104. 1 0 (Inv ) 103. 7 7 103. 8 0 103. 2 2 103. 1 9 103. 0 7 102. 9 9 103. 5 4 102. 9 5 102. 7 7 103. 4 5 103. 4 5 103. 4 6 103. 4 5 103. 3 9 (Top ) 103. 3 5 103. 4 7 103. 4 6 103. 4 2 103. 3 9 (Top ) 103. 3 5 103. 4 0 103. 4 2 103. 4 6 103. 4 7 (Top ) 103. 3 9 MH (Top ) 103. 3 4 103. 4 8 103. 4 8 103. 4 9 103. 4 9 103. 3 7 103. 3 1 103. 4 3 103. 4 5 103. 4 5 103. 4 8 103. 4 1 103. 4 6 (Top ) 103. 3 7 DRAIN (Tw ) 103. 2 8 (Tw ) 103. 3 7 (Tw ) 103. 2 4 (Tw ) 103. 2 8 DN QUEEN ST QU E E N S A V E EXISTING CHARTWELL BUILDING 5 STOREYS FFE=103.50 2nd FFE=108.03 OU T D O O R AM E N I T Y A T LEV E L 0 7 PARKING ENTRANCE RES I . EN T R A N C E 45.48 (P7&M)34.75 (P7&M)N70o22'30"WN69o50'00"W 54. 8 9 ( P 7 & M ) N14 o01'3 5 " W 36 . 5 7 ( P 7 & M ) N0 3 o04 ' 2 5 " W N1 8 o53 ' 4 0 " E 29 . 5 3 ( P 7 & M ) 6. 4 9 N2 1 o13 ' 1 5 " W N67o56'20"W 41.24 N2 1 o37 ' 4 0 " E 52 . 8 7 N70o07'30"W 78.12 N24o57'3 5 " W7.05 16 1 . 5 0 N2 0 o02 ' 2 5 " E SETBACK 3.00 m SETBA C K 9.10 m SETBACK 6.10 m 99 QUEEN ST EXISTING BUILDING PRIVATE LANEWAY 2 STOREY FRAME DWELLING #119 NO. 117 2 STOREY BRICK DWELLING NO. 121 2 STOREY BRICK DWELLING DI V I S I O N S T BU F F E R Z O N E EXISTING RETAINING WALL 103.52 m 98.83 m BO W M A N V I L L E CRE E K BO T T O M O F S L O P E TO P O F B A N K TO P O F S L O P E GRA V E L R A O D BO T T O M O F S L O P E TOP OF SLOPE 3 STOREY BRICK BUILDING CHAIN LIN K F E N C E CU R B C U T PORCH CONCRETE WALL EXISTING CONCRETE CURB EXISTING FIRE HYDRANT EXISTING FIRE HYDRANT CHARTWELL BUILDING 10 STOREYS FFE=103.52 2nd FFE=108.27 103.37 m 103.37 m OU T D O O R A M E N I T Y AT L E V E L 0 1 60 0 0 312 1 0 9450 LA N D S C A P E B U F F E R 6.00 m LOADING TRUCK PROPOSED GUARDRAIL LAN D S C A P E AT L E V E L 0 1 LAN D S C A P E AT L E V E L 0 1 LANDSCAPE AT LEVEL 01 TER R A C E A T L E V E L 0 1 TER R A C E A T L E V E L 0 1 TERRACE AT LEVEL 01 TERRACE AT LEVEL 01 P1 PARKING EXTENTS P1 P A R K I N G E X T E N T S P1 PARKING EXTENTS P1 PARKING EXTENTS P1 P A R K I N G E X T E N T S P1 P A R K I N G E X T E N T S NEW LOCAL STREET AS PER GOODYEAR LANDS - SECONDARY PLAN PHASE LINE PHASE 02 PHASE 01 QUEEN ST QU E E N S A V E EXISTING CHARTWELL BUILDING 5 STOREYS FFE=103.50 2nd FFE=108.03 OU T D O O R AM E N I T Y A T LEV E L 0 7 PARKING ENTRANCE RES I . EN T R A N C E 99 QUEEN ST EXISTING BUILDING PRIVATE LANEWAY 2 STOREY FRAME DWELLING #119 NO. 117 2 STOREY BRICK DWELLING NO. 121 2 STOREY BRICK DWELLING DI V I S I O N S T BU F F E R Z O N E EXISTING RETAINING WALL BO W M A N V I L L E CRE E K BO T T O M O F S L O P E TO P O F B A N K TO P O F S L O P E GRA V E L R A O D BO T T O M O F S L O P E TOP OF SLOPE 3 STOREY BRICK BUILDING CHAIN LIN K F E N C E CU R B C U T PORCH CONCRETE WALL EXISTING CONCRETE CURB EXISTING FIRE HYDRANT EXISTING FIRE HYDRANT CHARTWELL BUILDING 10 STOREYS FFE=103.52 2nd FFE=108.27 OU T D O O R A M E N I T Y AT L E V E L 0 1 60 0 0 LOADING TRUCK PROPOSED GUARDRAIL LAN D S C A P E AT L E V E L 0 1 LAN D S C A P E AT L E V E L 0 1 LANDSCAPE AT LEVEL 01 TER R A C E A T L E V E L 0 1 TER R A C E A T L E V E L 0 1 TERRACE AT LEVEL 01 TERRACE AT LEVEL 01 NEW LOCAL STREET AS PER GOODYEAR LANDS - SECONDARY PLAN PHASE LINE PHASE 02 PHASE 01MOLOC BINS CAN O P Y LAY - B Y ACCESS TO EXISTING OUTDOOR TERRACE RAMP DN. RAM P D N . RAMP DN. RAM P D N . CONNECTION TO EXISTING CHAIN LINK FENCE WITH DOOR 5.95 m EP - ZONINGEP - ZONING U/ G S E T B A C K 3. 0 0 m SE T B A C K 7. 5 0 m U/G SE T B A C K 3.00 m EXIS T I N G B U I L D I N G S E T B A C K 3.0 0 m SE T B A C K F R O M P H A S E 0 1 3. 0 0 m SITE PLAN LEGEND PROPERTY LINE BUILDING SETBACKS PARKING ENTRANCE RESIDENTIAL ENTRANCE FIRE HYDRANT PHASE LINE FENCE • • • • • • vSIGNS TO BE BASED ON THE STANDARD MTO Rb-52 PARKING PROHIBITION SIGN MODIFIED AS SHOWN. FIRE ROUTE TEXT TO BE 76 mm IN HEIGHT, BLACK, UPPER CASE LETTERING. REFER TO THE DESIGN PRACTICE SECTION F ON MATERIAL SPECIFICATION. FIRE ROUTE SIGNS SHALL BE PERMANENTLY MOUNTED ON A SIGN SUPPORT POST, POLE OR BUILDING STRUCTURE. FIRE ROUTE SIGNS SHALL BE ERECTED AT A HEIGHT BETWEEN 1.9 METRES AND 2.5 METRES AS MEASURED FROM THE GRADE OR TRAVELLED PORTION OF THE DESIGNATED ROUTE TO THE BOTTOM EDGE OF THE SIGN. FIRE ROUTE SIGNS SHALL BE INSTALLED AT A DISTANCE NOT GREATER THAN 24.4 METRES AND 3.5 METRES FROM THE FAR SIDE EDGE OF THE DESIGNATED ROUTE. STANDARD FOR THE ROUTE SHALL BE INSTALLED ALONG THE ROUTE AT APPROXIMATELY 15 METRE TO 15 METRE INTERVALS OR AS FREQUENTLY AS IS NECESSARY TO IDENTIFY THE ROUTE IN THE JUDGMENT OF THE FIRE CHIEF OFFICIAL. • • • • • • • ‘BFS’ - BARRIER FREE PARKING SIGN PERMIT PARKING ONLY Rb-93 30 cm x 45 cm Helvetica Bold Condensed INTERDICTION SYMBOL/SYMBOL – RED REFLECTIVE SYMBOL OF ACCESS AND SYMBOL BORDER – BLUE REFLECTIVE LEGEND AND BORDER – BLACK BACKGROUND – WHITE REFLECTIVE ARCHITECTSHARIRI PONTARINI235 Carlaw AvenueSuite 301Toronto, Canada M4M 2S1tel 416 929 4901fax 416 929 8924info@hp-arch.comhariripontarini.com NORTH Project True 36 " x 4 8 " A R C H E S H E E T S I Z E PR I N T D A T E : Scale: Drawn / Checked by: Project number: Drawing No.:Revision: Project Title: Drawing Title: Date: Architect of Record: 1. 2. 3. GENERAL NOTES These Contract Documents are the property of the Architect. The Architect bears no responsibility for the interpretations of these documents by the contractor. Upon written application the Architect will provide written/graphic clarification or supplementary information regarding the intent of the Contract Documents. The Architect will review Shop Drawings submitted by the Contractor for design conformance only. Drawings are not to be scaled for construction. Contractor to verify all existing conditions and dimensions required to perform the Work and report any discrepancies with the Contract Documents to the Architect before commencing work. Positions of exposed or finished mechanical or electrical devices, fittings, and fixtures are indicated on the Architectural drawings. The locations shown on the Architectural drawings govern over the Mechanical and Electrical drawings. Those items not clearly located will be located as directed by the Architect. 12 / 2 2 / 2 0 2 5 2 : 1 7 : 0 3 P M 3 SITE PLAN 2513 10/03/25 HPA A-003 105 QUEEN STREET, BOWMANVILLE, ONTARIO HPA BOWMANVILLE CREEK PHASE 02 - SENIORS APARTMENTS 1:250 No.YYYY-MM-DD Description 2 2025-12-01 ISSUED FOR COORDINATION 3 2025-12-19 ISSUED FOR MINOR VARIANCE MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The applicant requires a Minor Variance to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a 223-unit apartment geared towards seniors, by: • increasing the density (maximum) from 185 units/suites per net hectare to nil • reducing the east lot line yard setback minimum from 29 metres to 3 metres, • reducing the south lot line yard setback minimum from 31 metres to 7.5 metres • reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres • reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres • increasing the maximum building height from 9 storeys to 10 storeys • reducing the total number of parking spaces required from 300 spaces to 135 spaces • permitting outdoor amenity area within 0 metres of the east lot line whereas the by-law does not permit outdoor amenity area within 30 metres of the east lot line, and • reducing the landscaped open space minimum from 35% to 25% Listed below are the Development Engineering comments on the proposal. General comment The applicant is required to review the comments provided by Development Engineering for PC2025-0033 To: From: Mina Mehran on behalf of Karen Richardson, Manager of Development Engineering, Planning and Infrastructure Services Date: Subject: File: A2025-0052 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net On-Site Parking The proposed parking supply for the retirement development appears significantly deficient relative to the Zoning By-law requirements, even when accounting for its intended retirement use. The applicant has not provided sufficient justification for the reduced parking rate. Please provide supporting rationale based on data or identify comparable proxy sites within the Municipality of Clarington with similar land use and neighbourhood context to justify the proposed parking supply or revise the parking supply accordingly. If you have any questions regarding the above-noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Mina Mehran, EIT, M. Eng. Transportation Engineer on behalf of Karen Richardson, Manager of Development Engineering MM/JA From:Brendan Grigg To:Committee of Adjustment (SM) Cc:Ainsley Johnston Subject:Re: A-2025-0052: 105 Queen Street Agency Circulation Date:Thursday, February 19, 2026 9:35:04 AM Attachments:image001.png Hello, Building has no comments. Thanks, Brendan Grigg, CBCO Supervisor of Building/Deputy CBO Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2313 | 1-800-563-1195 www.clarington.net The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net To: Planning and Infrastructure Services From: Emergency and Fire Services - Fire Prevention Date: Feb 06, 2026 Subject: EFS Review Complete File: A-2025-0052 100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM Healthy watersheds for today and tomorrow. February 18, 2026 Committee of Adjustment Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 Attention: Ainsley Johnston, Planner I Dear Ms. Johnston Subject: Re: Minor Variance Application A-2025-0052 105 Queen Street, Bowmanville Applicant: Greg Gilbert c/o Fitzrovia (on behalf of CSH (Bowmanville) Inc.) CLOCA File No.: PVOG404 (Cross Reference RCON942) Purpose of Application: Minor Variance to permit reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres and reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres. Applications for severance, easements, and Site Plan Approval are forthcoming. Thank you for the opportunity to review the above‑noted application. Central Lake Ontario Conservation Authority (CLOCA) staff have reviewed this application for consistency with the natural hazard policies of the Provincial Planning Statement (PPS) and conformity with Ontario Regulation 41/24 under the Conservation Authorities Act. The subject property is located within the Bowmanville Creek watershed, bordering creek valleylands to the south and souththwest sides. As per our mapping, the property is partially located within CLOCA regulation boundaries and is subject to Ontario permitting requirements under the Regulation 41/24. Through preconsultation discussions, the confirmation of development limit was discussed. The proponent is currently undertaking geotechnical investigations to update the erosion hazard limit, which includes the delineation of the Long Term Stable Top of Slope (LTSTOS) as the outermost constraint (based on previous studies conducted). Upcoming staking visits will also verify the location of the dripline and physical top of slope. Upon completion of the studies to the satisfaction of the Municipality and CLOCA, the final limits of development can be established, which consists of the limits of environmental features plus required Vegetation Protection Zones (VPZ) as per Clarington Official Plan requirements. Recommendation CLOCA has no objection in principle to the proposed variances to interior side yard setbacks. However, we recommend that the application be TABLED until the development limits are confirmed through finalization of a consolidated constraints mapping. Thank you for the opportunity to provide comments on this minor variance application. If there are any questions related to this letter, please contact the undersigned. Sincerely, Sarem Nejad, Development Planner From:Grant Young To:Committee of Adjustment (SM) Subject:2026-C-Misc5 (A-2025-0052) - 105 Queen Street, Clarington - Regional Works Comments Date:Tuesday, February 17, 2026 10:48:45 AM Attachments:Outlook-A picture Outlook-Facebook i.png Outlook-LinkedIn i.png Outlook-Twitter ic.png Outlook-YouTube ic.png EXTERNAL Hello, Regional Works has reviewed the above noted MVA application and provides the following comments: Regional Works has no objection or conditions to be imposed upon the further processing of this application. Thankyou Grant Young C.E.T. | Works Technician 2 Development Approvals The Regional Municipality of Durham grant.young@durham.ca | 905-668-4113 extension 2479 | durham.ca THIS MESSAGE IS FOR THE USE OF THE INTENDED RECIPIENT(S) ONLY AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, PROPRIETARY, CONFIDENTIAL, AND/OR EXEMPT FROM DISCLOSURE UNDER ANY RELEVANT PRIVACY LEGISLATION. No rights to any privilege have been waived. If you are not the intended recipient, you are hereby notified that any review, re-transmission, dissemination, distribution, copying, conversion to hard copy, taking of action in reliance on or other use of this communication is strictly prohibited. If you are not the intended recipient and have received this message in error, please notify me by return e-mail and delete or destroy all copies of this message. February 18, 2026 Planning and Development Services Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 Dear Elissa Kelloway Re: DRAFT PLAN OF CONDOMINIUM (CONVERSION) APPLICATION APPLICANT: CSH (BOWMANVILLE) INC. LOCATION: 105 QUEEN ST IN THE CITY OF BOWMANVILLE FILE NO. A-2025-0052 ROGERS PROJECT NO. P260209A01 Rogers Communications (“Rogers”) has reviewed the application for the above Condominium and has determined that it intends to provide cable and telecommunications services. Accordingly, we request that municipal approval be granted subject to the following conditions: (1) Prior to registration of the plan of Condominium, the Developer/Owner will, at its own cost, grant all necessary easements and maintenance agreements required by those CRTC-licensed telephone companies and broadcasting distribution companies intending to serve the Condominium (collectively, the “Communications Service Providers”). Immediately following registration of the Plan of Condominium, the Developer/Owner will cause these documents to be registered on title. (2) Prior to registration of the plan of Condominium, the Developer/Owner will, with consultation with the applicable utilities and Communications Service Providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the Condominium, as well as the timing and phasing of installation. Page 2 In addition, we kindly request to, where possible, receive copies of the following documents: (1) the comments received from any of the Communications Service Providers during circulation; (2) the proposed conditions of draft approval as prepared by municipal planners prior to their consideration by Council or any of its committees; and (3) the planners’ report recommending draft approval before it goes to Council or any of its committees. Should you require further information or have any questions, please do not hesitate to contact me at 905-436-4167 Sincerely, Tim Holland System Planner /gq Encl. From:WILSON, Chris To:Committee of Adjustment (SM) Subject:RE: Overdue Comments RE: A-2025-0052: 105 Queen Street Agency Circulation Date:Friday, February 20, 2026 12:27:23 PM Attachments:image001.png EXTERNAL Hi, No comments to provide on behalf of Canada Post. Thank you, Chris Wilson Officer, Delivery Services, Delivery Planning | Canada Post | GTA Region | chris.wilson@canadapost.ca | 416-262-7408 From:Szorady, Carrie Ann To:Committee of Adjustment (SM) Subject:RE: Overdue Comments RE: A-2025-0052: 105 Queen Street Agency Circulation Date:Friday, February 20, 2026 5:57:28 PM Attachments:image001.png image004.png EXTERNAL No comment from Lakeridge Health. Carrie Ann Sr. Manager, Capital Delivery Capital Planning and Development C. 905-914-4655 cszorady@lh.ca One System. Best Health. February 13, 2026 ATTN: Committee of Adjustment To Whom it May Concern, I would like to acknowledge receipt of your letter detailing the zoning variance application put forward by Chartwell Retirement Residences for their Phase 2 expansion located at 105 Queen Street (A-2025- 0052) and the associated request for comments on this application. It is important to note that the existing facility at this address, Chartwell Bowmanville Creek, has proven to be a responsible and valued member of the community, despite already being, by far, the largest building in this mostly residential area. Chartwell’s corporate operations have seen fit to put forward a Phase 2 expansion proposal which, unfortunately, brings with it some concerns for the local area. Though this proposal lists these variance requests as “minor,” there are potential repercussions for the surrounding neighbourhood which may be more than minor. Of particular note, the new building is substantially larger than the original Phase 2 plans presented approximately 10 years ago. In addition, some of the setback reductions requested most recently place this very large structure in a position which may overshadow, figuratively and literally, neighbouring properties. It is understood that intensification near established urban areas can be appropriate and beneficial. However, appropriate intensification typically includes careful attention to scale transition, stepbacks, and buffering where higher-density development interfaces directly with stable low-rise residential neighbourhoods. In this instance, the extent of the requested reductions appears to significantly compress that transitional space. Take into consideration, for example, the proposed SE corner of the new building and the greatly reduced setback requested there (29m to just 3m, as indicated in the notice). That area is already an artificially constructed grade which is approximately 1 to 2 storeys above the natural landscape contour. The applicant proposes to place a 10-storey, block-shaped structure nearly to the edge of that property, resulting in a total height, relative to the roadway, of approximately 11 or 12 storeys. It also appears there is no stepback above mid-rise height planned for this portion of the building, resulting in a continuous vertical mass along the eastern edge of the site. This has potential consequences for the local area, including but not limited to: i) A potential “tunnel effect” for those accessing the roadway in that area due to scale, bulk, and height. ii) The casting of shadows onto nearby properties, especially during the winter months. iii) Increased pressure on traffic operations and on-street parking capacity along Queen Avenue, particularly considering the proposed reduction in required parking spaces. iv) The combination of height, limited setback, and elevated site grading contributing to an abrupt built-form transition to the surrounding low-density housing. There are additional matters worthy of consideration with this application, which I would like to raise briefly: i) Has a shadow study been provided for the surrounding area, particularly with respect to winter sun access? ii) The proposed reduction in landscaped open space from 35% to 25% appears to rely significantly on the rear slope of the property to satisfy the requirement. Does this approach align with the intent of the by-law provisions respecting landscaped open space? In other words, is concentrating structures on the more usable portions of the site while allocating less accessible areas toward the landscaped requirement consistent with the policy objective? iii) Finally, given the extent of the requested reductions in setbacks and the overall scale of the proposed building, does this application meet the four part test for a minor variance with respect to impact on the surrounding neighbourhood? Thank you for your consideration of these planning concerns.