HomeMy WebLinkAboutPDS-034-26Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: April 20, 2026 Report Number: PDS-034-26
Authored By: Nicole Zambri, Principal Planner
Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Trevor Pinn, Deputy CAO/Treasurer (Acting CAO)
File Number: COPA2026-0004 and ZBA2022-0026 (Cross Reference: SC-2022-0015)
Resolution#:
Report Subject: Official Plan Amendment Application to Remove a Wetland Feature to
Facilitate Proposed Development
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1.That Report PDS-034-26 and any related communication items, be received for
information only;
2.That Staff receive and consider comments from the public, review agencies, and
Council with respect to the Official Plan Amendment application submitted by Tribute
Tercot Brookhill 2 Inc. and continue processing the application including the
preparation of a subsequent recommendations report; and
3.That all interested parties listed in Report PDS-034-26 and any delegations be
advised of Council’s decision.
PD-057-26
Municipality of Clarington Page 2
Report PDS-034-26
Report Overview
1. Application Details
Owner: Tribute Tercot Brookhill 2 Inc.
Proposal: Clarington Official Plan Amendment (OPA) and Brookhill Neighbourhood
Secondary Plan proposed amendment
The Official Plan Amendment application proposes to introduce a site-specific
amendment for the removal of an identified natural heritage feature (wetland feature) in
order to facilitate the proposed development. It also introduces policies for natural
heritage feature removal compensation which would be specific to this application.
Area: 11.15 hectares (27.5 acres)
Location: 2499 Nash Road, 2538 and 2494 Bowmanville Avenue in Bowmanville (see
Figure 1)
Roll Number: 1817-010-030-00500, 1817-010-030-00600, 1817-010-030-00700
Municipality of Clarington Page 3
Report PDS-034-26
Figure 1 – Proposed Plan
2. Background
2.1 On December 12, 2022, Tribute Tercot Brookhill 2 Inc. submitted applications for a draft
plan of subdivision and rezoning to permit the development of 285 residential units
consisting of singles, semis, street townhouse and stacked townhouses (refer to Figure
1). The subject lands are located within the Brookhill Neighbourhood Secondary Plan
Area.
2.2 A public meeting was held on January 20, 2025, and comments from the public,
agencies and departments were received (refer to Attachment 3 for the proposed Draft
Plan of Subdivision).
Municipality of Clarington Page 4
Report PDS-034-26
2.3 Through the review of the application, Clarington Staff identified conflicts with the
Clarington Official Plan policy related to the identified Natural Heritage Feature on the
property, specifically a wetland feature. The submitted Environmental Impact Study
identified a Red-osier Dogwood Thicket Swamp Type community totaling 0.87 ha in size
(SWT2-5 classification). The applicant proposes to remove the portion of the feature on
the subject lands (0.67 ha) to facilitate the development application. Within Clarington’s
Official Plan, a wetland feature greater than 0.5 hectares in size forms part of the
Natural Heritage System and is to be protected. A minimum 30 metre setback is also
applied to the feature limit for the vegetation protection zone, as per the Official Plan
policies.
2.4 A formal Official Plan Amendment application was received on February 10, 2026, and
deemed complete by Staff on March 30, 2026. The applications were also circulated to
agencies and departments for comments. The Official Plan Amendment and related
Zoning By-law Amendment and Draft Plan of Subdivision applications will all be
processed concurrently.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located on the west side of Bowmanville Avenue and south of
Nash Road in the Bowmanville Urban Area. The lands are currently vacant and being
used for agricultural purposes. The subject application comprises three parcels of land
which have frontage on Nash Road and Bowmanville Avenue; however this segment of
Nash Road is proposed to be removed after Clarington Boulevard is extended north to
Nash Road (Concession 3).
3.2 The surrounding uses are as follows:
North: Nash Road, a single detached dwelling and the Bowmanville Creek .
East: Bowmanville Avenue and vacant agricultural lands. Applications have
been submitted by Tribute Tercot Brookhill 1 Inc. for a n Official Plan
Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.
South: Single detached dwellings on large lots and agricultural lands. Longworth
Avenue is proposed to be extended from Bowmanville Avenue to Green
Road.
West: Predominantly vacant agricultural lands proposed fo r redevelopment to
residential uses.
4. Provincial Policy
The Provincial Planning Statement (PPS) 2024
4.1 The Provincial Planning Statement, 2024 (PPS) encourages planning authorities to
create healthy, livable, and safe communities by accommodating an appropriate range
and mix of housing types, including affordable housing and shall promote development
patterns that efficiently use land and infrastructure.
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4.2 The PPS policies direct growth to settlement areas and promote compact development
forms. The subject lands are located within the Bowmanville Urban Settlement
boundary. Planning authorities are to facilitate a variety of housing forms and promo te
residential intensification to achieve efficient development patterns, especially along
public transit and active transportation routes.
4.3 The PPS encourages a minimum density target of 50 residents and jobs per gross
developable hectare in designated growth areas.
4.4 The diversity and connectivity of natural features in an area, and the long-term
ecological function and biodiversity of natural heritage systems, should be maintained,
restored or, where possible, improved, recognizing linkages between and among natural
heritage features and areas, surface water features, and ground water features.
Development and site alteration shall not be permitted on adjacent lands to the natural
heritage features and areas unless the ecological function of the adjacent la nds has
been evaluated, and it has been demonstrated that there will be no negative impacts on
the natural features or their ecological functions.
5. Official Plan
Durham Region Official Plan (Envision Durham)
5.1 Envision Durham provides a long-term policy framework that is used to manage Durham
Region’s growth and development. The intent of Envision Durham is to manage
resources, direct growth and establish a basis for providing Regional services in an
efficient and effective manner.
5.2 The Durham Region Official Plan (Envision Durham) designates the subject lands as
“Community Areas.” Community Areas are to be planned for a variety of housing types,
sizes, and tenures, including townhouse dwellings. These areas can also include
population-serving uses and shall be developed in a compact form through higher
densities and by intensifying and redeveloping existing areas.
5.3 Envision Durham provides policies for nature-based climate solutions to help mitigate
negative impacts to the climate. These solutions include tree planting, preserving tree
canopies, protecting and restoring wetlands, encouraging native species, etc. The
policies encourage collaboration with area municipalities, conservation authorities,
Indigenous communities and other stakeholders in the protection and restoration of the
Region’s wetlands.
5.4 The policies also prohibit development and site alteration within 120 metres of wetlands,
unless an approved environmental impact study and wetland water balance risk
evaluation demonstrates that there will be no negative impact on the wetland or its
ecological functions. The Region of Durham relies upon the local municipality’s policies
to determine the minimum distance to the features for the sufficient protection of the
feature and its functions.
Municipality of Clarington Page 6
Report PDS-034-26
Municipality of Clarington Official Plan
5.5 The Clarington Official Plan designates the site Urban Residential and is within the
Bowmanville Urban Area. A summary of the applicable Urban Structure policies of the
Clarington Official Plan were provided in the previous Public Meeting report (PSD-003-
0025) and a further policy review for the development proposal will be part of a future
recommendation report.
5.6 An Environmental Impact Study (EIS) was prepared by SLR Consulting Ltd. (formerly
Palmer), given the natural heritage features identified on the subject site. The EIS was
prepared to evaluate the significance of the features and demonstrate conformity with
Clarington’s Official Plan policies. The features are not shown on Map D ‘Natural
Heritage System’ of the Clarington Official Plan but still need to be evaluated for
protection on a site-by-site basis through the findings of the EIS, as per policies 3.4.3
and 3.4.12.
5.7 Development and site alteration within the natural heritage feature and/or hydrologically
sensitive feature or within the vegetation protection zone is prohibited, except in
instances for conservation management, transportation and major infrastructure projects
under an Environmental Assessment process, and low intensity recreational uses.
Given that the development proposal does not meet the criteria listed in the Clarington
Official Plan, a site-specific Official Plan Amendment is required for the removal of any
identified features.
5.8 Policy 3.4.11 of the Clarington Official Plan states: “The removal of a natural heritage
feature and/or hydrologically sensitive feature, in particular wetlands and woodlands,
shall not be considered as the basis for approving any development application. The
Municipality will require the compensation and/or restoration of any part of the natural
heritage system which has been damaged or removed without prior Municipal approval.”
5.9 The Municipality retained Aquafor Beech Ltd. to conduct a peer review of the findings
given that the identified environmental features on the property are proposed to be
removed. Through the review, it was determined that the wetland community (SWT2-5),
located on the southwest portion of the subject lands, meets the definition of a wetland
as per Clarington’s Official Plan (see figure 2).
5.10 Other vegetated areas are present on the site; however, based on their size and the
assessment, do not meet the definition of a woodland under the Clarington Official Plan.
Compensation for the loss of habitat and vegetation may still be considered through a
restoration plan in an identified area, subject to the satisfaction of the Municipality and
the Conservation Authority.
Municipality of Clarington Page 7
Report PDS-034-26
Figure 2 – Existing Environmental Conditions and Ecological Land Classifications
(ELC) provided by SLR Consulting
5.11 Further to the above, approval of any development application must ensure that a
self-sustaining vegetation protection zone is planted, maintained, or restored to protect
any on-site or adjacent natural heritage or hydrologically sensitive feature.
5.12 All findings will be reviewed and assessed in a subsequent recommendation report .
5.13 A draft Official Plan Amendment (OPA) was submitted as part of the application by
Tribute Tercot Brookhill 2 Inc. and is included in Attachment 1 of this report.
Brookhill Neighbourhood Secondary Plan
5.14 Within the updated Brookhill Secondary Plan, the subject lands are designated ‘Low
Density Residential’, ‘Medium Density Residential’, and ‘Medium Density Local
Corridor’. A Parkette and elementary school symbol are also shown on Land Use
Schedule A, as well as an Environmental Constraint overlay. A trail is also proposed to
the north of the subject lands, on the south side of the Bowmanville Creek valley.
Municipality of Clarington Page 8
Report PDS-034-26
Environmental Constraints
5.15 Schedule A includes an Environmental Constraint overlay that establishes an area
where further study is required before development can proceed with the underline
designation. These areas have been identified as having potential natural heritage
significance and a study was completed to evaluate such significance.
5.16 The presence and precise delineation of these features and areas and the level of
development acceptable shall be determined through an EIS prepared as part of the
review of development applications in accordance with the policies of the Clarington
Official Plan. If the study establishes that development can proceed, then the underlying
designation shall apply over those lands. Further, it may also be determined that only a
portion of the lands within the Environmental overlay may be available for development,
if any.
5.17 An EIS was prepared for the subject lands to evaluate the natural heritage f eatures
identified. The EIS recommended that the features be removed, and that compensation
would be provided. Ongoing discussions with Staff and the applicant will continue to
ensure that the intent of the Clarington Official Plan policies and the Seconda ry Plan
policies will be maintained.
5.18 The applicant has proposed an Amendment to the Secondary Plan policies to introduce
compensation policies within the Brookhill Neighbourhood Secondary Plan for this
specific site. Further discussion will be provided in a subsequent recommendation report
to assess and evaluate whether or not compensation policies should be considered or
supported for the removal of the wetland feature in this location.
6. Zoning By-law 84-63
6.1 The subject lands are currently zoned Agriculture (A)” within Zoning By-law 84-63. A
Zoning By-law Amendment is required to permit the proposed development. A draft
zoning by-law amendment was prepared by the applicant and was part of the previous
applications. A recommendation of the Official Plan Amendment and Zoning By-law
Amendment will be brought forward concurrently at the recommendation stage.
7. Summary of Background Studies
7.1 The applicant has submitted the required supporting plans and studies which have been
circulated to departments and agencies for review and comment. The list of studies and
drawings are on the development application webpage at
www.clarington.net/NashBowmanvilleAve. and are also available upon request. A
summary of the submitted reports and studies will be provided in a future
recommendation report.
Municipality of Clarington Page 9
Report PDS-034-26
8. Public Notice and Submissions
8.1 Public Notice was mailed to nine landowners within 120 metres of the subject lands on
April 2, 2026. Public Notice was also sent to the interested parties who expressed an
interest in the related Zoning By-law Amendment and Subdivision applications. Two
public meeting signs were installed on the subject lands, fronting Bowmanville Avenue
and Nash Road. Details of the proposed application were also posted on the
Municipality’s website, and in the Clarington Connected e -newsletter.
8.2 As of writing this report, staff have not received one public submission from a resident
expressing concern for the removal of the wetland in exchange for compensation
restoration or cash-in-lieu of the removal.
8.3 Staff will process any public inquiries received, including comments received at the
Statutory Public Meeting. All comments will be considered and included in a
recommendation report.
9. Departmental and Agency Comments
9.1 The applications were circulated to internal departments and external agencies for
review and comments. At the time of writing this report, staff have not received all the
agency and department comments. A summary of the agency and internal department
comments received, will be included in a subsequent recommendation report.
10. Discussion
10.1 The proposed residential development is located within the Bowmanville Urban
Boundary and within the Brookhill Neighbourhood Secondary Plan Area. It is located
along Bowmanville Avenue, which is identified as a Local Corridor within the Clarington
Official Plan.
Environmental Protection Areas
10.2 The site contains environmental features that would be isolated from the broader natural
heritage system once the surrounding area develops. Although the existing agricultural
activity surrounding these features has contributed to this fragmentation, the vegetated
area functions as a natural linkage between the Bowmanville Creek tributary and the
sub-tributary to the west. With the exception of the wetland feature subject to the Official
Plan Amendment, the other vegetated areas do not meet the size thresholds for
protection under the Official Plan; however, compensation may be provided for the loss
of vegetation
10.3 In addition to the loss of the vegetated areas, the applicant is proposing a compensation
framework to support the request for removal of the wetland feature, which is identified
to be protected by the policies of the Official Plan.
10.4 Removal of features such as wetlands is evaluated using the standard hierarchy of
consideration: avoid, minimize, mitigate, and compensate. This hierarchy guides the
assessment of alternatives and the determination of appropriate compensation
measures.
10.5 For this project, documentation is required to explain the site -specific circumstances
supporting consideration of a compensation approach. This documentation must
address the context of the Secondary Plan Area and form part of the Official Plan
Amendment.
Municipality of Clarington Page 10
Report PDS-034-26
10.6 An Environmental Impact Study (EIS) and compensation framework have been
submitted and are under review by Staff. The suitability of compensation will be
addressed in a future recommendation report.
11. Financial Considerations
11.1 Not Applicable, as this is a public meeting report to gather public input and the analysis
of the proposal and the reports are being reviewed by the different agencies, additional
financial considerations that may arise will be discussed in a subsequent
recommendation report.
12. Strategic Plan
12.1 The proposed development will be reviewed against the three pillars of the Clarington
Strategic Plan 2024-27. Staff will give special attention to the priorities of growing
resilient, sustainable, and complete communities and connecting residents through the
design of safe, diverse, inclusive, and vibrant communities. An analysis of the proposed
development’s interaction with the specific priorities of the Strategic Plan will be
included in the future recommendation report
13. Climate Change
13.1 The application, including submitted reports are being reviewed by staff and circulated
agencies. Analysis of the proposal, including the impacts on climate change will be
discussed in a subsequent recommendation report.
14. Concurrence
14.1 Not Applicable.
15. Conclusion
15.1 The purpose of this report is to provide background information and obtain comments
on the submitted application for an Official Plan Amendment at the Statutory Public
Meeting under the Planning Act. Staff will continue to review and process this
application in conjunction with the related Rezoning and Subdivision applications,
including consideration of department, agency and public feedback and will prepare a
subsequent recommendation report for Council’s consideration. Comments received at
this public meeting will be considered and included in the final recommendation report.
Staff Contact: Nicole Zambri, Principal Planner, 905-623-3379 ext. 2422 or
nzambri@clarington.net or Amanda Tapp, Manager of Development Review, 905-623-3379
ext. 2527 or atapp@clarington.net.
Attachments:
Attachment 1 – Draft Official Plan Amendment
Attachment 2 – Draft Zoning By-law Amendment (previously submitted)
Attachment 3 – Draft Plan of Subdivision (previously submitted)
Interested Parties:
A list of Interested Parties available from Department.
Official Plan Amendment Number XX to the
Clarington Official Plan
Purpose: To amend the Clarington Official Plan by introducing a policy to allow for
compensation to be provided to mitigate the removal of a natural heritage
feature. The amendment will permit the removal of a 0.67Ha wetland to allow
for the development of: 37 lots for Single Detached Dwellings; 30 blocks for 60
Semi-Detached Dwellings; 17 blocks for 88 Street Townhouse Dwellings, and; 2
blocks for 100 ‘Medium Density Local Corridor’ Stacked Townhouse units.
Location: The Subject Lands are municipally addressed as 2494 and 2538 Regional Road
57 (Bowmanville Avenue), and 2499 Nash Road. These are legally described as
Part Lot 15, Concession 2, Former Township of Darlington, Parts 1, 2 & 3 on
Reference Plan 40R29634, now in the Municipality Of Clarington. The Subject
lands are located directly west/southwest of the intersection between
Bowmanville Avenue and Nash Road, north of the Future Longworth Avenue
extension and realignment, and have a total area of 11.15 Hectares.
Basis: The purpose of this Official Plan Amendment is to amend the Clarington Official
Plan to allow for the implementation of the recommendations of a site-specific
Environmental Impact Study, being to implement an Ecological Offsetting Policy
(i.e., compensation) for mitigating impacts to the removal of wetland features.
Actual
Amendment: The Municipality of Clarington Official Plan is hereby amended as follows:
1.Section 23.19.5 Environmental Protection Exceptions is amended by
adding the following policy:
a.23.19.5.xx
Notwithstanding any other provision of this Plan, a wetland with a
size greater than 0.5 hectares located on those lands identified by
Assessment Roll Number 181701003000500, 181701003000600,
and 181701003000700 may be removed subject to the
recommendations of an Environmental Impact Study. If the Study
determines that where development is proposed on or near Natural
Features which are not part of the existing Natural Heritage System,
the Municipality, in consultation with the Conservation Authority
(CLOCA) shall consider alternative mitigation measures for
development and site alteration impacts to Natural Heritage
features, that are not otherwise described in this plan. This includes
utilizing Ecological compensation as a viable last-resort option to
conserve and enhance natural systems. Ecological Compensation
shall be considered to take place only where:
a)The proposed development is otherwise permitted by
the Provincial Planning Statement, the land use policies
Attachment 1 to Report PDS-034-26
of the Durham Regional Official Plan, Clarington Official
Plan, and the Brookhill Neighbourhood Secondary Plan;
b)An Environmental Impact Study completed in
accordance with Municipal and Provincial requirements
has identified and evaluated the natural features, their
impacts from development, and that the findings,
conclusions and recommendations demonstrate
impacts are unavoidable, and/or that the proposed
mitigation measures will not create unacceptable
impacts;
c)A Compensation Report and Plan is provided,
demonstrating how environmental impacts can be
mitigated through the use of best ecological offsetting
practices, and any other practices or measures, to the
satisfaction of the municipality and CLOCA;
d)The proposed Compensation, as per the Report and
Plan described in c):
i.Is, at minimum, proportional to lost ecosystem
functionality (ensure no net loss);
ii.Enhances the functionality and/or resilience of
the broader Bowmanville Creek Subwatershed
and Natural Heritage System; and
iii.Has been deemed satisfactory by the Municipality
following evaluation in consultation with the
Conservation Authority, and/or existing best
practices for ecological offsetting, for
adequate/appropriate compensation
opportunities (including, but not limited to
naturalization, restoration, replacement,
enhancement for the loss or impact to the natural
feature, and/or cash-in-lieu), and that the
proposed compensation is otherwise in
accordance with d) i-ii.
Implementation: The provisions set forth in the Municipality of Clarington Official Plan regarding
the implementation of the Plan, shall apply in regard to this amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official Plan regarding
the interpretation of the Plan, shall apply in regard to this amendment.
File Number: COPA 2026-0004
Official Plan Amendment Number XX to the
Clarington Official Plan
Purpose: To amend the Brookhill Neighbourhood Secondary Plan in the Clarington
Official Plan by introducing a policy to allow for compensation to be provided to
mitigate the removal of a natural heritage feature. The amendment will permit
the removal of a 0.67Ha wetland to allow for the development of: 37 lots for
Single Detached Dwellings; 30 blocks for 60 Semi-Detached Dwellings; 17 blocks
for 88 Street Townhouse Dwellings, and; 2 blocks for 100 ‘Medium Density Local
Corridor’ Stacked Townhouse units.
Location: The Subject Lands are municipally addressed as 2494 and 2538 Regional Road
57 (Bowmanville Avenue), and 2499 Nash Road. These are legally described as
Part Lot 15, Concession 2, Former Township of Darlington, Parts 1, 2 & 3 on
Reference Plan 40R29634, now in the Municipality Of Clarington. The Subject
lands are located directly west/southwest of the intersection between
Bowmanville Avenue and Nash Road, north of the Future Longworth Avenue
extension and realignment, and have a total area of 11.15 Hectares.
Basis: The purpose of this Official Plan Amendment is to amend the Brookhill North
Secondary Plan to allow for the implementation of the recommendations of a
site-specific Environmental Impact Study, being to implement an Ecological
Offsetting Policy (i.e., compensation) for mitigating impacts to the removal of
wetland features.
Actual
Amendment: The Brookhill Neighbourhood Secondary Plan Official Plan is hereby amended
as follows:
1. Section 11.9 Environmental Constraints Overlay is amended by adding the
following policy:
a. 11.9.4.
Notwithstanding any other provision of this Plan, a wetland with a
size greater than 0.5 hectares located on those lands identified by
Assessment Roll Number 181701003000500, 181701003000600,
and 181701003000700 may be removed subject to the
recommendations of an Environmental Impact Study. If the study
determines that where development is proposed on or near Natural
Features which are not part of the existing Natural Heritage System,
the Municipality, in consultation with the Conservation Authority
(CLOCA) shall consider alternative mitigation measures for
development and site alteration impacts to Natural Heritage
features, that are not otherwise described in this plan. This includes
utilizing Ecological compensation as a viable last-resort option to
conserve and enhance natural systems. Ecological Compensation
shall be considered to take place only where:
a)The proposed development is otherwise permitted by
the Provincial Planning Statement, the land use policies
of the Durham Regional Official Plan, Clarington Official
Plan, and the Brookhill Neighbourhood Secondary Plan;
b)An Environmental Impact Study completed in
accordance with Municipal and Provincial requirements
has identified and evaluated the natural features, their
impacts from development, and that the findings,
conclusions and recommendations demonstrate
impacts are unavoidable, and/or that the proposed
mitigation measures will not create unacceptable
impacts;
c)A Compensation Report and Plan is provided,
demonstrating how environmental impacts can be
mitigated through the use of best ecological offsetting
practices, and any other practices or measures, to the
satisfaction of the municipality and CLOCA;
d)The proposed Compensation, as per the Report and
Plan described in c):
i.Is, at minimum, proportional to lost ecosystem
functionality (ensure no net loss);
ii.Enhances the functionality and/or resilience of
the broader Bowmanville Creek Subwatershed;
and
iii.Has been deemed satisfactory by the Municipality
following evaluation in consultation with the
Conservation Authority, and/or existing best
practices for ecological offsetting, for
adequate/appropriate compensation
opportunities (including, but not limited to
naturalization, restoration, replacement and/or
enhancement for the loss or impact to the natural
feature), and that the proposed compensation is
otherwise in accordance with d) i-ii.
Implementation: The provisions set forth in the Municipality of Clarington Official Plan regarding
the implementation of the Plan, shall apply in regard to this amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official Plan regarding
the interpretation of the Plan, shall apply in regard to this amendment.
File Number: COPA 2026-0004
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 202X-XXXX
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for 84-63 ___________;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1.Section 14.6. “Special Exceptions – Urban Residential Type Three (R3) Zone” is
amended by introducing a new Subsection 14.6.XX as follows:
“Section 14.6.XX “Special Exceptions – Urban Residential Type Three (R3-
XX) Zone”
Notwithstanding Section 3.16 e (vi) and (vii), Sections 12.1 a., b., 12.2 a., b., c., d.
i), ii), iii), f., h. and Sections 14.1 a., b., 14.3 a., b., c. ii), iii), iv) e., f., g., those lands
zoned R3-XX on the Schedules to this By-law shall be subject to the following
regulations:
a.Permitted Uses
i)Single Detached Dwelling
ii)Semi-Detached Dwelling
iii)Street Townhouse Dwelling
b.Regulations for single detached and semi-detached dwellings
i)Lot Area (Minimum)
a)Single detached Dwelling 245 square metres
b)Semi-detached Dwelling 450 square metres
ii)Lot Frontage (Minimum)
a)Single Detached Dwelling
i)Interior Lot 9.0 metres
ii)Exterior Lot 12.0 metres
b)Semi-detached Dwelling
i)Interior Lot 15.0 metres
ii)Exterior Lot 18.0 metres
iii)Yard Requirements (Minimum)
a)Front Yard
Attachment 2 to Report PDS-034-26
i) Single detached Dwelling 6.0 metres to private
garage or carport
4.0 metres to dwelling
2.0 metres to porch
ii) Semi-detached Dwelling 6.0 metres to private
garage or carport
4.0 metres to dwelling
3.0 metres to porch
b) Exterior Side Yard
i) Single detached Dwelling 3.0 metres
ii) Semi-detached Dwelling 3.0 metres
c) Interior Side Yard
i) Single detached Dwelling 1.2 metres on one side, and
0.6 metres on the other side
ii) Semi-detached Dwelling 1.2 metres, nil where
building has a common wall
iv) Lot Coverage (Maximum)
a) Single detached Dwelling
i) Dwelling 50 percent
ii) Total all buildings and structures 55 percent
b) Semi-detached Dwelling
i) Dwelling 50 percent
ii) Total all buildings and structures 55 percent
v) Building Height (Maximum) 12.0 metres
vi) Parking Space Requirements (Minimum)
a) Single detached Dwelling 2 parking spaces
per dwelling
b) Semi-detached Dwelling 2 parking spaces
per dwelling
vii) Height of floor deck of unenclosed porch
above finished grade (maximum) 1.5 metres
viii) A covered and unenclosed porch/balcony having no habitable space
above it shall be permitted subject to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided
it is located in the front yard of the lot and shall not be calculated
as lot coverage;
b) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum of 20.0 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall not
be calculated as lot coverage.
ix) All garage doors shall not be located any closer to the street line than
the dwellings first floor front wall or exterior side wall or covered porch
projection.
x) The minimum setback to a sight triangle shall be 1.0 metre. In addition,
unenclosed porches, steps, patios, ramps, landscape entrance features,
attached or directly abutting the principal or main building, either above
or below grade, may project into any required yard to a distance no
closer than 0.5 metres to a sight triangle.
xi) Steps may project into the required front or exterior side yards, but in no
instance shall the distance to the front lot line or exterior side lot line be
below 1.0 metre.
c. Regulations for street townhouse dwellings:
i) Lot Area (Minimum) 150 square metres
ii) Lot Frontage (Minimum)
a) Interior Lot 6.0 metres
b) Exterior Lot 9.0 metres
iii) Yard Requirements (Minimum)
a) Interior Side Yard 1.2 metres, nil where
building has a common wall
b) Exterior Side Yard 3.0 metres
c) Rear Yard 6.0 metres
iv) Lot Coverage (Maximum) 55 percent for the dwelling
60 percent for all buildings and structures
v) Landscape Open Space (Minimum)
a) Lot 25 percent
b) Front Yard 50 percent must be
soft landscaping
vi) Building Height (Maximum) 12.0 metres
vii) A maximum driveway width of 3 metres shall be permitted.
viii) Height of floor deck of unenclosed porch
above finished grade (maximum) 1.5 metres
ix) A covered and unenclosed porch/balcony having no habitable floor
space above it shall be permitted subject to the following;
a) In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 10.0 square metres shall be permitted, provided
it is located in the front yard of the lot and shall not be calculated
as lot coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 15.0 square metres shall be permitted, provided
it is located in the front and/or exterior side yard of the lot and shall
not be calculated as lot coverage.
x) All garage doors shall not be located any closer to the street line than
the dwellings first floor front wall or exterior side wall or covered porch
projection.
xi) The minimum setback to a sight triangle shall be 1.0m metre. In
addition, unenclosed porches, steps, patios, ramps, landscape entrance
features, attached or directly abutting the principal or main building;
either above or below grade; may project into any required yard to a
distance no closer than 0.5 meters to a sight triangle.
xii) Steps may project into the required front or exterior side yards, but in no
instance shall the distance to the front lot line or exterior side lot line be
below 1.0 metre.
2. Section 16A.7 “Site Specific Exceptions” is amended by adding the following new
Special Exception Zone and renumbering the remaining sections:
16A.7.XX Residential Mixed Use Exception (MU2-XX) Zone
Exception 16A.7.6: For the purposes of the Zoning By -law, the entire lands zoned
MU2-XX shall be considered as one lot for zoning purposes.
Notwithstanding Section 2, Sections 16A.1, 16A.2, 16A.3, 16A.4, 16A.5, and
16A.7, the lands zoned MU2-XX on the Schedules to this By-law shall be subject
to the following:
a. For the purpose of Exception Section 16A.7.XX, the term “Storey”
means the portion of a building, other than an attic, basement or cellar,
included between any floor level and the floor, ceiling or roof next above
it but excludes portions that provide access to roof terraces.
b. Permitted Uses
i) Apartment Buildings
ii) Mixed-Use Buildings
iii) Street Townhouse Dwellings
iv) Linked Townhouse Dwelling
v) Stacked Townhouse Dwelling
vi) Back-to-back Townhouse Dwelling (as defined by Linked
Townhouse Dwellings)
vii) Accessory Building
viii) Cultural, entertainment, recreational, offices, restaurants, retail,
and service commercial uses shall only be permitted on the
ground floor of a mixed use building.
c. Regulations for MU2-XX:
i) Number of Storeys 3 Storeys (minimum)
6 Storeys (maximum)
ii) Building Height 3 Storeys (minimum)
6 Storeys (maximum)
iii) Setbacks (to public street) 3.0 metres (minimum)
6.0 metres (maximum)
iv) Setbacks (to any other lot line) 3.0 metres (minimum)
v) Underground Parking Structure
Setbacks (Minimum) 0.0 metres to any lot line
vi) Underground Parking Structure projecting
above grade but below finished ground
floor elevation Setbacks (Minimum) 0.5 metres to any lot line
vii) Unit width for Linked Townhouse
Dwellings (Minimum) 5.0 metres
viii) Special Yard Regulations - Notwithstanding any other provision of
By-law 84-63 to the contrary, on lands zoned MU2-4 Zone the
following shall apply:
a) A maximum driveway width of 3 metres shall be permitted.
b) The minimum setback to a sight triangle shall be 1.0 metre.
In addition, unenclosed porches, steps, patios, ramps,
landscape entrance features, attached or directly abutting the
principal or main building; either above or below grade; may
project into any required yard to a distance no closer than 0.5
metres to a sight triangle.
c) Steps, landing and porches may project into the required
front or exterior side yards, but in no instance shall the
distance to the front lot line or exterior side lot line be below
1.0 metre.
3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
“Agricultural (A) Zone" to “Holding – Urban Residential Exception
((H)(R3-XX)”
“Agricultural (A) Zone" to “Holding – Residential Mixed Use Exception
((H) MU2-XX) Zone”
as illustrated on the attached Schedule ‘A’ hereto.
4. Schedule ‘A’ attached hereto shall form part of this By -law.
5. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and Section 36 of the Planning Act.
Passed in Open Council this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk
This is Schedule “A” to By-law 202X-XXX, passed this day of , 202X A.D.
Bowmanville ● ZBA 2022-0026 and S-C-2022-0015 ● Schedule 3
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Attachment 3 to Report PDS-034-26
Schedule of Land Use Description Single Detached Minimum Lot Width 9.15m (30') Lot/ Block No. 1-37 Residential Units Area (ha) 37 1.05
DRAFT PLAN
OF SUBDIVISION
semi-De1ached Minimum Lo1 38_67 60 1.S1 I"""'"'""''"""""'" !Width 15.3m (50') 97 2.56 =Tu;;;__,,-= Total Low Density REGIONALMUNICIPAUTYOFOURHAM Townhouse Minimum Lot Width 68_84 88 1.93 6.1m (201 (Medium Densi1y) R1:;. 86 Medium Dens� Local Corridor 1 f'Y"I 1 ,17 Net Developable Total 285 5.96 School 87 1.01 Park 88 0.79 Walkway 89, 90 0.06 Road Widening 91 0.08 Future Clarington Boulevard 92 0.26 Future Road Extension 93 0.03 Public Roads Street A-E 2.96 Iif
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