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HomeMy WebLinkAboutPDS-034-26Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: 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. Municipality of Clarington Page 5 Report PDS-034-26 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 J future Residential future parKland future Residential e � C a,: w ..J :, 0 aJ z � z ii: j t) w ,-� I :, I U. I I ��,· ,s z-, i I I BLOCK92 r Futu111ROW +­(ClartngtonBlvd) 0.26ha I I ti �� I i ,_ REALIGNMENT OF NASH ROAD future Residential rv1uru sc�o01siock 1.131\11 lf70'0Q'JO"E -------'WL,.._ .. --------- 8LOCK87 School 1.01ha {2.14haTotal) I I I I I \ \ \ \ \ \ f.,dstin9 Residential "!lit'" Ft',' ' #,,---,, 1--,-.... '~-"!!_s,.,,., ,, \ -,��� ),: -----\ •------=�G -1( ' lfeLOCK-68 "'• 11.s-,,, \ t'fow,So•�• ',�)b, "l'o \ -�"""' ' '-1() \ f------ ..:-,, Ro,,,, ,, ...... .., ' " ',, ' ' '\ �. ',, BLOCK88 ❖�- --62--+ --v1--+ � m m .... C1 , ... 0.79ha ',\ BLOCK93 \ Futu,-'11\t Roa!_�;�:91on ------"'�-11 ¥ • � I STREET D • I I 7- I I b,bck4 T°!t"''""!•: I 6(U�ts t I I 1...1, I I I I I I I I 1"'f2I I leto�K}ol ITOWnhollNI :M,-,:t I .l,!,.I I I I I I I \ ;.'$\\ \'\ ) eLO¢K,1 l ITolNnhoUnt I :1ur,-,: I I J�I I :e,0¢K►2i !TownhollHI :M•1: t 1 .. 1.,1 t \,�, --�· ... ', STREET E ,.,,. + (JI if;' /[ Ii /9. r: I!1a I : , j ---+ .Jt.OCJIC"73"""!f 1l�own+ieuse-' _-(..ilnh$.._ '. 5?ii .'!.\ ', '. T· !H � ' � !!l BLOCK85 Medium Density Local Corridor 48Units 0.78ha r.,� I I :1 rlf ""'""" : "wi��ng I --59--+ -eLOCKu­l"OWnliOuHj -""'lf'1Jn1rr-52� $� I 8 t II C ' ::r h• f y, ,. ! 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 jTotal Site Area 11.15 I REou1RE01NFORw.TlON: M _�D_\ll'IDUst:CllOOll1Cl>JCf_,.__ ----\ ·-~ ""!Kl ....... ---­lollst:ll<:MIO\l.10,"""-0-·-~ ·-~ ---".._._.._ __ 11-••n.L"'-TY-� -M.T ...... 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C BLOCK86 Modium Density Loeal Corridor 52Unlts 0.69ha J'i1'.5o ____ _ • ! ;: I ,2 ia, I )Q I :� :� I� Ii tZ !< !F :; ,�·1 /r ► e i < I m I Z I ' C: ,�! ; I • 0 12. / -�\ \ other �ands bwned bY p.ppli�anl I fuwre Resi�ential I \ \ \ --- I DfWTml>'• EC -� ... DP-01 BIGLIERI GROUP.::