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HomeMy WebLinkAbout2026-05-28 Committee of Adjustment Meeting Teams Video Meeting & Teleconference Thursday, May 28, 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-2026-0001 Owner/Agent: Chartwell Seniors Housing (Bowmanville) Inc. / Greg Gilbert c/o Fitzrovia Real Estate Inc. Staff: Ainsley Johnston Address: 105 Queen Street, Bowmanville File Number: B-2026-0003 Owner/Agent: Chartwell Seniors Housing (Bowmanville) Inc. / Greg Gilbert c/o Fitzrovia Real Estate Inc. Staff: Ainsley Johnston Address: 105 Queen Street, Bowmanville 5. 5 Minute Recess 6. Declaration of Interest 7. Minor Variance Applications to be heard: File Number: A-2025-0052 Owner/Agent: Chartwell Seniors Housing (Bowmanville) Inc. / Greg Gilbert c/o Fitzrovia Real Estate Inc. Staff: Ainsley Johnston Address: 105 Queen Street, Bowmanville File Number: A-2026-0004 Owner/Agent: Raul Nobrega / Lonny Gibson on behalf of Hull Drafting & Development Staff: Akibul Hoque Address: 8629 Dawson Road, Clarke, ON File Number: A-2026-0011 Owner/Agent: Tyler Betts Staff: Nicklaus Gibson Address: 2208 Regional Road 3, Enniskillen File Number: A-2026-0012 Owner/Agent: Christopher Boekee / Lisa Klets Staff: Nicklaus Gibson Address: 2030 Morgans Road, Clarington 8. New Business • Election year Update • July Committee of Adjustment Meeting Update 9. Approve Minutes from the previous Committee of Adjustment meeting 10. Adjournment Municipality of Clarington Committee of Adjustment Page 1 B-2026-0001 B-2026 -0001 105 Queen Street, Bowmanville, ON If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: May 28, 2026 File Number: B-2026-0001 Cross Reference: B-2026-0003 / A-2025-0052 Address: 105 Queen Street, Bowmanville Report Subject: Seeking consent to facilitate the creation of one new residential lot. As proposed, the retained lot (Part 1 on the Draft Reference Plan) will have a lot area of 8,635.8 square metres and 78.12 metres of lot frontage along Queen Street and lot frontage of 86.3 metres along Queen Avenue. The severed lot (Parts 2, 3, and 4 on the Draft Reference Plan), as proposed, will have a lot area of 8,485 square metres and lot frontage of approximately 23.27 metres along Queen Avenue. Recommendations: 1. That application for Consent file B -2026-0001 be lifted from the table. 2. That the Report for Consent file B -2026-0001 be received. 3. That all written comments and verbal submissions are considered in the deliberation of this application. 4. That application B-2026-0001 for consent be tabled for a period of up to six (6) months and no later th an November 2026, subject to the following requirements: a. Submission of an Environmental Impact Study (EIS) to confirm the development limits, as defined in the Clarington Official Plan, for both the proposed severed and proposed retained lands. b. Submission of an updated Geotechnical Report to confirm the Long Term Stable Top of Slope and physical top of bank. 5. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment Page 2 B-2026-0001 1. Application Details 1.1. Owner: CSH (Bowmanville) Inc. 1.2. Applicant: Greg Gilbert c/o Fitzrovia Real Estate Inc. 1.3. Proposal: residential lot. As proposed, the retained lot (Part 1 on the Draft Reference Plan) will have a lot area of 8,635.8 square metres and 78.12 metres of lot frontage along Queen Street and lot frontage of 86.3 metres along Queen Avenue. The severed lot (Parts 2, 3, and 4 on the Draft Reference Plan), as proposed, will have a lot area of 8,485 square metres and lot frontage of approximately 23.27 metres along Queen Avenu e. Municipality of Clarington Committee of Adjustment Page 3 B-2026-0001 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment Page 4 B-2026-0001 2. Background 2.1. On January 16, 2026, Planning Staff received a Consent Application from the applicant of 105 Queen Street in Bowmanville. The proposed consent application seeks to create one new lot by severing Parts 2, 3, and 4 (Severed Lot) from Part 1 (Retained Lot), as shown on the Draft Reference Plan (see Attachment 1). The proposed severance is for financing and ownership purposes to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a proposed 223-unit apartment geared towards Seniors, proposed on Part 2 of the Draft Reference Plan. Phase 1 of Chartwell Bowmanville Creek, located on Part 1 of the Draft Reference Plan, is a 143-unit Retirement Home that has been operational since 2017. 2.2. At the time of writing this report, Planning Staff have received three additional Planning Act applications from the applicant for the subject lands to facilitate Phase 2 of Chartwell Bowmanville Creek. 2.3. On December 23, 2025, an application for Minor Variance (A-2025-0052) was submitted for the subject lands. Nine (9) variances were requested and tabled by the Committee at the February 26, 2026, meeting date due to outstanding information required including submission of an Environmental Impact Study (EIS), Environmental Site Assessment (ESA), Sunlight and Shadow Impact Study, and updates to the submitted Traffic Impact Study (TIS) to determine the supportability of the requested variances. Since the tablin g of the application, one additional variance has been requested for a total of ten (10) variances being heard by the Committee at the May 28, 2026, meeting date. 2.4. On January 31, 2026, Planning Staff received a Consent Application (B -2026- 0003) for consent to facilitate an easement to pass on foot, or by vehicles, in, over, along, upon and to install, maintain, operate, repair, renew and replace any utility services required for its purpose, on any portion of Part of Lot 12, Con 1, Part 1, 40R -XXXXX, in favour of Part of Lot 12, Con 1, Part 2, 40R -XXXXX. The Consent Application (B-2026-0003) was tabled at the March 26, 2026, meeting date for a period of up to (2) years to allow Staff to receive the required reports and studies to confirm the development limits and support both the severance and minor variance applications. 2.5. A third Consent Application which is for cross-access easements for access, people, and infrastructure for Part 1 over Part 2 is forthcoming. 2.6. On April 9, 2026, an application for Site Plan Approval was submitted for the subject lands. The application was circulated to departments and agencies on April 22, 2026. Through the circulation, one additional minor variance was identified, requiring a total of ten (10) minor variance requests to be heard at the May 28, 2026, Committee of Adjustment meeting. Municipality of Clarington Committee of Adjustment Page 5 B-2026-0001 2.7. Staff and the applicant have been working to progress the files. There have been frequent, on -going meetings between Clarington Staff, including Planning and Engineering, as well as agencies (e.g., CLOCA) to address comments and concerns for the development. 3. Public Notice and Submissions 3.1. Pursuant to the requirements of the Planning Act, the appropriate signage notifying the application was installed on the subject lands. 3.2. 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. 3.3. At the time of writing this report, Staff did not receive any inquiries for this application from members of the public. 4. Discussion Justification for Tabling 4.1. Since November 2025, there have been on -going meetings between the applicant, Clarington Staff, and agencies (e.g., CLOCA) to discuss the requirements of applications to facilitate the development of the proposed Phase 2 of Chartwell Bowmanville Creek development. To facilitate the proposed development, applications for severance, easements for both the retained and severed parcels, Minor Variance, Site Plan Approval, and Removal of Holding are required. 4.2. There are studies and reports that must demonstrate the proposed development, including the built form and intensification of the site, can be supported. This application was tabled at the March 26, 2026 Committee of Adjustment meeting to allow staff to receive the required reports and studies. At the time of writing this report, Staff have received some of the outstanding reports and studies including the Phase One Environmental Site Assessment in accordance with O.Reg. 153/04, the Shadow Impact Study as part of the Urban Design Brief, Geotechnical Report, and Transportation Impact Study. 4.3. An Environmental Impact Study (EIS) and confirmation of geotechnical information including top of bank staking with Staff in attendance and confirmation of the erosion hazard limit is outstanding. Staff are of the opinion that the applicant for Consent to facilitate the severance of the proposed Phase 1 and Phase 2 lands should be tabled until the EIS and Geotechnical studies are finalized and received because they will confirm the precise development limits. Municipality of Clarington Committee of Adjustment Page 6 B-2026-0001 Required Reports and Studies to Determine Development Limits Environmental Impact Study (EIS) 4.4. Within Envision Durham, the land use designation of the subject lands is “Major Open Space Area” and “Regional Centre”. The predominant land use of Major Open Space Areas is to be environmental protection and conservation. It is a policy of Council to discourage the fragmentation of Major Open Space Areas, and any development is required to demonstrate that there are no negative impacts on features. To ensure the development has no negative impact on key natural features, an Environmental Impact Study is required. 4.5. The subject lands are designated “Urban Centre” and “Environmental Protection” within Clarington’s Official Plan. Section 14.4 of the Clarington Official Plan outlines that the development and fragmentation of Environmental Protection lands is not permitted. The Environmental Protection Land Use Designation is determined based on the location of Natural Heritage Features and the 15-metre Minimum Vegetation Protection Zone required in Table 3-1 of the Official Plan. 4.6. The current delineation of the Environmental Protection land use within the Official Plan is based on the Environmental Impact Study (EIS) conducted in 2012 submitted for the Official Plan Amendment and Zoning By-law Amendment, which were approved in 2014. The limits of Natural Heritage Features are not permanent and often change over time. A new EIS is required to determine the precise limits of Environmental Protection lands based on the current limits of Natural Features and the vegetation protection zone associated with each feature. 4.7. D ripline staking is required to facilitate the undertaking of the EIS. The applicant undertook their own dripline staking in September 2025, how ever Clarington Staff and Central Lake Ontario Conservation Authority (CLOCA) Staff were not in attendance of the dripline staking. In January 2026, the applicant was notified that the EIS memo submitted as part of the initial application and which was based on the September 2025 staking by the applicant needs to be updated to a full EIS and that Clarington Staff an d CLOCA Staff must be in attendance for the dripline staking. The applicant was advised that dripline staking cannot occur until “leaf -on” season begins in June. The dripline staking for the subject lands is scheduled for June 12, 2026, and both Clarington and CLOCA Staff will be in attendance. Municipality of Clarington Committee of Adjustment Page 7 B-2026-0001 Updated Geotechnical Information 4.8. Top of bank staking is required to confirm the limits of development including the erosion hazard limits. The applicant undertook their own top of bank staking in January 2026 and submitted a constraints map showing Long Term Stable Top of Slope and 6 metre erosion hazard limit setback. At the time of writing this report, a portion of the underground parking garage encroaches into the 6 metre buffer as shown on the constraints map submitted by the applicant (see Attachment 2). The applicant is required to attend top of bank staking with Clarington Staff as well as CLOCA staff (if written permission is provided by the applicant) to confirm the exact location of top of bank and development limits. Top of bank staking is scheduled for June 12, 2026. 4.9. Upon confirmation of the development limits, including the 6 metre erosion hazard limit, CLOCA’s Geotechnical Engineer and Clarington Staff will review the constraints map and Geotechnical Report. At this time Staff will confirm whether the proposed location of the building, including the underground parking structure, can be sited where it has been proposed. Minor Variances Required to Facilitate the Severance 4.10. The development, as proposed, has zoning deficiencies which require the approval of Minor Variances to permit the proposed built form on the proposed severed lands as well as legalize the existing built form on the proposed retained lands. 4.11. In order for the proposed retained building (i.e., Phase 1) to comply with the (R4- 35) Zone regulations post-severance, minor variances to the existing zoning are required. To facilitate the connection of the proposed Phase 2 building with the existing Phase 1 building, setback variances are required because they will be situated on two separate lots. 4.12. A Minor Variance application (A -2025-0052) for nine (9) requested variances in regards to height, setbacks, landscaped open space, as well as parking was tabled by the Committee on February 26, 2026. There were several reports and studies required to demonstrate the supportability by Staff of the requested variances, including an Environmental Impact Study (EIS), Environmental Site Assessment (ESA), Traffic Impact Study (TIS) and Sunlight and Shadow Impact Study. One additional variance has been identified through the review of the Site Plan Approval process for the projection of the proposed ground floor terraces. A total of ten (10) variances are requested to facilitate the proposed Phase 2 building and severance. Municipality of Clarington Committee of Adjustment Page 8 B-2026-0001 4.13. The Staff Report for this application (B-2026-0001) for the March 2026 Committee of Adjustment meeting stated that Staff were of the opinion that the severance application should be tabled until the required reports and studies for the Minor Variances demonstrate that the built form, as proposed, can be supported prior to the approval of a severance as the built form has the potential to change based on the finding, and may require the proposed lot configuration to be modified. 4.14. At the time of writing the report, Staff have received the reports and studies, except for the EIS and confirmation of top of bank as the study cannot commence until the dripline and top of bank staking has occurred with Staff in attendance. Dripline and top of bank staking is scheduled with Clarington Staff and CLOCA in attendance on June 12, 2026. 4.15. Minor Variance application A-2025-0052 is being heard by the Committee of Adjustment at the May 28, 2026, meeting date. Staff have recommended conditional approval of all 10 variances. One condition of approval for all 10 variances is based upon the approval of severance application B -2026-0001. While Staff are in support of conditionally approving the Minor Variance application based on the approval of this consent application , Staff are of the opinion B -2026-0001 should presently remain tabled. The EIS will confirm the development limits, including the location of any refinements to future lot lines for the proposed retained, severed, and dedicated lots to ensure they do not fragment the Environmental Protection Lands. Should the EIS demonstrate that the proposed built form encroaches into the Environmental Protection lands and limits of development, the variances will become null and void, and the applicant will be required to revise and submit a new application for Minor Variance or for a Zoning By-law Amendment depending on the nature of the revisions. 4.16. As the Clarington Official Plan does not permit the fragmentation of Environmental Protection lands through severance, Staff recommend tabling the application until the development limits are confirmed to ensure that the proposed lot lines do not fragment the Environmental Protection lands. As mentioned above, Staff are pursuing the dedication and conveyance of the Environmental Protection lands through th is land division application. In order to convey the Environmental Protection lands, the EIS must confi rm the current extent of the Environmental Protection lands based on the natural features and the associated vegetation protection zone. Municipality of Clarington Committee of Adjustment Page 9 B-2026-0001 5. Conclusion 5.1. The recommendation from Planning Staff is that Consent Application B-2026- 0001 be tabled for a period of up to six (6) months and no later than November 2026, subject to the following requirements: a) Submission of an Environmental Impact Study (EIS) to confirm the development limits, as defined in the Clarington Official Plan, for both the proposed severed and proposed retained lands. b) Submission of an updated Geotechnical Report to confirm the Long Term Stable Top of Slope and physical top of bank. 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 Municipality of Clarington Committee of Adjustment Page 10 B-2026-0001 Attachments: Attachment 1: Draft Reference Plan Attachment 2: Constraints Mapping Submitted by the Applicant Attachment 3: Clarington Development Engineering Comments Attachment 4: Clarington Emergency & Fire Services Comments Attachment 5: Clarington Building Division Comments Attachment 6: Elexicon Comments Attachment 7: Rogers Communication Comments Interested Parties: Shaun McGarry Kevin Nesbitt The following interested parties will be notified of Committee's decision: Shaun McGarry Kevin Nesbitt 1137 Centre Street Thornhill ON L4J 3M6 905.738.0053 F 905.738.9221 www.krcmar.ca FIELD: DWG NAME: DRAWN:CHECKED:JOB NO: WORK ORDER NO:PLOT INFO: PLAN AVAILABLE AT www.ProtectYourBoundaries.ca MUNICIPAL ADDRESS: 4253809:00 12/Jan/2026 SNR/RW/SMMS.D./J.M.S.M. No. 105 QUEEN STREET, BOWMANVILLE 12-016RP04 12-016 N24 ° 5 7 ' 3 5 ' ' W 7.0 5 N2 1 ° 3 7 ' 4 0 ' ' E 52 . 8 7 N2 0 ° 0 2 ' 2 5 ' ' E 16 1 . 5 0 N70°22'30''W 45.48N69°50'00''W 34.75 N1 4 ° 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 A B 1 2 3 PART 1 PART 2 PART 4 PART 3 N70°07'30''W 78.12 N67°56'20''W 41.24 N2 1 ° 1 3 ' 1 5 ' ' E 6. 4 9 PA R T 3 PRELIMINARY PRELIMINARY Bowmanville Creek QUEEN S T R E E T DIVISIONSTREET RAYNES A V E N U E QU E E N A V E N U E 0 20 4010 m ² FILE LOCATION: K:\2025\252206\Product\Client\EIS\EIS\EIS.aprx Layout: EIS_F3_ProposedSitePlanAndSetbacks PROJECT: STATUS: DATE: MN89LD4-002-517833 DRAFT 2026-04-07 SCOPED EIS MEMO FIGURE 3 PROPOSED SITE PLAN AND SETBACKS FITZROVIA 105 QUEEN STREET, BOWMANVILLE MAP DRAWING INFORMATION: DATA PROVIDED BY MNR, TOWN OF CLARINGTON, CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY (CLOCA), DILLON CONSULTING INC., IMAGERY PROVIDED BY ESRI MAP CREATED BY: MAP CHECKED BY: MAP PROJECTION: DDR CV NAD 1983 CSRS UTM Zone 17N SCALE 1:1,000 Property Boundary Major Road Minor Road Watercourse (MNR, 2025) Site Plan Naturalized Top of Bank (Approximate; Dillon, 2025) Naturalized Top of Bank Buffer (15 m) 15 m Dripline Buffer (Town of Clarington OP) LTSS (Grounded, 2026) 6m Setback from LTSS (Grounded, 2026) Calculated Long Term Stable Slope (Terraprobe, 2012) 6m Setback from Terraprobe Long Term Stable Slope EP Zoning Area First Base Solutions Inc., New York State, Microsoft, Vantor 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 sever an 8,485 m2 parcel of land, retaining an 8,635.80 m2 parcel of land. We have reviewed the above-noted application and have no objection to this proposal subject to the following comments: Development Agreement 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. General Comment This application is associated with PC2025-0033. Please review the comments provided in the Pre-Consultation file PC2025-0033 for the Site Plan Application. 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, Manager of Development Engineering, Planning and Infrastructure Services KR/AKA To: From: Mina Mehran on behalf of Karen Richardson, Manager of Development Engineering, Planning and Infrastructure Services Date: Subject: Land Division Application B2026-0001 File: 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: Mar 03, 2026 Subject: EFS Review Complete File: B-2026-0001 From:Brendan Grigg To:Committee of Adjustment (SM) Subject:Re: B-2026-0001: 105 Queen Street Agency Circulation for May 28, 2026 Committee of Adjustment Meeting Date:May 12, 2026 11:16:24 AM Attachments:image001.png Hello, This was not assigned to me in AMANDA. Below are my comments. The existing south elevation has window and door openings. Moving the lot line to 0m would not be in conformance with OBC for Limiting Distance/Spatial separation. The proposed building at a 3m distance from the proposed property lot line will have to ensure the Limiting Distance and Spatial separation requirements are met. 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 EE ref.: 2026DA050503 Municipality of Clarington Date: 2026-05-05 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attn.: Elissa Kelloway RE: Site/Development Application File # B-2026-0001 Fitzrovia Real Estate Inc. 105 Queen Street, Bowmanville EE ref.: 2026DA050503 Further to the referenced File # B-2026-0001. subject to the caveats set out in this letter, Elexicon Energy Inc. has no objection to the proposed Site Plan Application to facilitates the creation of one new residential lot through severance. The retained lot will have an area of 8,635.8 m² with frontage along Queen Street and Queen Avenue, while the severed lot will have an area of 8,485 m² with frontage along Queen Avenue For a high-level overview of capacity availability within the respective area, we strongly recommend that the applicant or its authorized representative refer to the following link : https://elexiconenergy.com/contractors-developers/resources/distribution-system-capacity-map# Additionally, applicant or its authorized representative to submit a connection application to dservices@elexiconenergy.com. at the earliest opportunity to facilitate timely processing. The applicant or its authorized representative shall consult with Elexicon Energy Inc. concerning the availability of supply voltage, service location, metering, costs and any other details. These requirements are separate from and in addition to those of the ESA. Elexicon Energy Inc. will confirm the characteristics of the available electrical supply and will designate the location of the supply point to the applicant. Elexicon Energy Inc. will also identify the costs that the applicant will be responsible for. In some cases, an expansion of Elexicon’s distribution system (as such term is defined in the Distribution System Code issued by the Ontario Energy Board) will be required in order to be able to connect the customer to Elexicon’s distribution system. When an expansion is necessary, the Distribution System Code requires that a distributor perform an economic evaluation to determine if the future revenue from the customer(s) will pay for the capital cost and on-going maintenance costs of the expansion project. If a shortfall between the present value of the projected costs and revenues is calculated, the distributor may propose to collect all or a portion of that amount from the customer(s). The evaluation is basically a discounted cash flow calculation that brings all costs and revenues to their net present values. This model, in general, follows the methodology, the set of common elements and related assumptions provided in Appendix B of the Distribution System Code. Elexicon will provide an Offer to Connect once an official request for electric services is received. EE ref.: 2026DA050503 The applicant or its authorized representative shall apply for new or upgraded electric services and temporary power service in writing. The applicant is required to provide Elexicon Energy Inc. with sufficient lead-time in order to ensure: a) The timely provision of supply to new and upgraded premises; and/or b) The availability of adequate capacity for additional loads to be connected in the existing premises For all future applications and related correspondences kindly forward digital copies to: DevelopmentApplications@elexiconenergy.com Please note that the conditions and statements set out in this letter are subject to change at Elexicon’s sole and absolute discretion based on future demand, supply availability, and other relevant factors existing at the time of a customer’s application. Yours truly, Elexicon Energy Inc. Usman Khan P.Eng., M.Eng. Supervisor, Load Forecasting & Stations Planning May 19, 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. B -2026-0001 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. Planning and Infrastructure Services Committee of Adjustment Consent B-2026-0003 105 Queen Street, Bowmanville If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: May 28, 2026 File Number: B-2026-0003 Cross Reference: B-2026-0001 / A-2025-0052 Address: 105 Queen Street, Bowmanville Report Subject: Seeking consent to facilitate an easement to pass on foot, or by vehicles, in, over, along, upon and to install, maintain, operate, repair, renew and replace any utility services required for its purpose, on any portion of Part of Lot 12, Con 1, Part 1, 40R-XXXXX, in favour of Part of Lot 12, Con 1, Part 2, 40R -XXXXX. Recommendations: 1.That application for Consent file B-2026-0003 be lifted from the table. 2.That the Report for Consent file B-2026-0003 be received. 3.That all written comments and verbal submissions are considered in the deliberation of this application. 4.That application B-2026-0003 for consent be tabled for a period of up to six (6) months and no later than November 2026, subject to the following requirements: a)Submission of an Environmental Impact Study (EIS) to confirm the development limits, as defined in the Clarington Official Plan, for both the proposed severed and proposed retained lands. b)Submission of an updated Geotechnical Report to confirm the Long Term Stable Top of Slope and physical top of bank. 5.That all interested parties listed in this report be forwarded a copy of the Committee’s decision . Municipality of Clarington Committee of Adjustment Page 2 B-2026-0003 1. Application Details 1.1. Owner: CSH (Bowmanville) Inc 1.2. Applicant: Greg Gilbert c/o Fitzrovia Real Estate Inc. 1.3. Proposal: Seeking consent to facilitate an easement to pass on foot, or by vehicles, in, over, along, upon and to install, maintain, operate, repair, renew and replace any utility services required for its purpose, on any portion of Part of Lot 12, Con 1, Part 1, 40R -XXXXX, in favour of Part of Lot 12, Con 1, Part 2, 40R-XXXXX. Municipality of Clarington Committee of Adjustment Page 3 B-2026-0003 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment Page 4 B-2026-0003 2. Background 2.1. On January 31, 2026, Planning Staff received a Consent Application (B-2026- 0003) from the applicant of 105 Queen Street seeking consent to facilitate an easement to pass on foot, or by vehicles, in, over, along, upon and to install, maintain, operate, repair, renew and replace any utility services required for its purpose, on any portion of Part of Lot 12, Con 1, Part 1, 40R -XXXXX, in favour of Part of Lot 12, Con 1, Part 2, 40R -XXXXX . The purpose of the easements is to facilitate cross-access between the Phase 1 (located on Part 1 of the Draft Reference Plan) and the proposed Phase 2 expansion (proposed on Part 2 of the Draft Reference Plan) of Chartwell Bowmanville Creek that are required if the severance application (B -2026-0001) is approved. 2.2. At the time of writing this report, Staff have received three additional Planning Act applications for the subject lands to facilitate the proposed Phase 2 of Chartwell Bowmanville Creek. Phase 2 of Chartwell Bowmanville Creek is a proposed 223-unit apartment geared towards Seniors, proposed on Part 2 of the Draft Reference Plan. Phase 1 of Chartwell Bowmanville Creek, located on Part 1 of the Draft Reference Plan, is a 143-unit Retirement Home that has been operational since 2017. 2.3. On January 18, 2026, Planning Staff received a Consent Application (B-2026- 0001) seeking consent to create one new lot for ownership and financing purposes to facilitate the development of the proposed Phase 2 of Chartwell Bowmanville Creek. The application was tabled for a period of up to two (2) years at the March 26, 2026 Committee of Adjustment meeting to allow Staff to receive the required reports and studies, including the Environmental Impact Study (EIS) to confirm the development limi ts. 2.4. On December 23, 2025, an application for Minor Variance (A -2025-0052) was submitted for the subject lands. Nine (9) variances were requested and tabled by the Committee at the February 26, 2026, meeting date due to outstanding information required includin g submission of an Environmental Impact Study (EIS), Environmental Site Assessment (ESA), Sunlight and Shadow Impact Study, and updates to the submitted Traffic Impact Study (TIS) to determine the supportability of the requested variances. Since the tablin g of the application, one additional variance has been requested for a total of ten (10) variances being heard by the Committee at the May 28, 2026 meeting date. 2.5. A third Consent Application for easements to pass on foot, or by vehicles, in, over, along, upon and to install, maintain, operate, repair, renew and replace any utility services required for its purpose, on any portion of Part of Lot 12, Con 1, Part 2, 40R-XXXXX, in favour of Part of Lot 12, Con 1, Part 1, 40R -XXXXX is anticipated to be submitted in June 2026 and will be a condition of any land division . Municipality of Clarington Committee of Adjustment Page 5 B-2026-0003 2.6. On April 9, 2026, an application for Site Plan Approval was submitted for the subject lands. The application was circulated to departments and agencies on April 22, 2026. Through the circulation, one additional minor variance was identified, requiring a total of ten (10) minor variance requests to be heard at the May 28, 2026, Committee of Adjustment meeting. 3. Public Notice and Submissions 3.1. Pursuant to the requirements of the Planning Act, the appropriate signage notifying the application was installed on the subject lands. 3.2. 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. 3.3. At the time of writing this report, Staff did not receive any inquiries for this application from members of the public. 4. Discussion Required Applications, Reports and Studies 4.1. The requested cross-access easements for Part 2 over Part 1 are to address access concerns to amenities, the Phase 1 building, parking, and infrastructure that would result from an approval for land division (B -2026-0001). While easements are typically outlined for a specific area on a lot, as Phase 1 and Phase 2 of Chartwell Bowmanville Creek are going to function as one site, the applicant has requested the easements for people, vehicles, and i nfrastructure apply to the entirety of Part 2 over Part 1 to capture all current and potential future scenarios where access may be needed. The applicant has intentions to submit a second Consent Application for easements for Part 1 over Part 2 in summer 2026. 4.2. At the February 26, 2026, Committee of Adjustment meeting, the nine requested Minor Variances (A-2025-0052) were tabled to allow for Staff to receive and review required reports and studies to determine the supportability of the requested variances. The variances requested are to facilitate the proposed built form for Phase 2 as well as address zoning deficiencies that would result from the severance, as proposed (X-Reference B-2026-0001), for the existing Phase 1 development on the proposed retained lot. Municipality of Clarington Committee of Adjustment Page 6 B-2026-0003 4.3. To support the severance and Minor Variances requested for the proposed setbacks, Staff require confirmation of the development limits through an Environmental Impact Study (EIS). The applicant submitted an EIS Memo as part of their submission based on a dripline staking initiated by the applicant in September 2025. Dripline staking requires Clarington Staff and CLOCA Staff in attendance (if written permission is provided by the applicant) and it must occur during “leaf-on” season . The dripline staking for the EIS is scheduled for June 12, 2026. As the dripline staking and study has not commenced, the development limits and Minimum Vegetation Protection Zone required in Table 3-1 of Clarington’s Official Plan are not known at the time of writing this report. 4.4. On the Draft Reference Plan, Part 1 and Part 2 together encompass the area of the subject lands zoned “(Holding) Urban Residential Exception [(H)R4-36]” and “Urban Residential Exception (R4-35)”, save and except the exclusion of Part 3 on the Draft Referen ce Plan. There are no easements proposed on the lands within the “Environmental Protection (EP)” Zone, which the zoning does not permit any development. The (EP) zoning was done in concurrence with and in conformity with the “Environmental Protection” land use designation in Clarington’s Official Plan that was established based on the findings of a 2012 Environmental Impact Study (EIS). A new EIS is required to determine the current development limits and delineation of the “Environmental Protection” land use designation . 4.5. The findings of the EIS may change the development limits of the subject lands, thus impacting the lot configuration of the proposed severance. As it is unknown if any portion of lands identified as Part 2 or Part 1 on the Draft Reference Plan will be determined to be an Environmental Protection Area as a result of the EIS findings, Staff are of the opinion that the easements should be tabled to ensure that the easements only apply to the portion of lands that permit development and within the boundaries of the proposed severed and proposed retained lots. The Conveyance of “Environmental Protection” Lands 4.6. Staff have indicated to the applicant that they will pursue the conveyance of the Environmental Protection lands. The extent of the Environmental Protection lands are to be confirmed through the Environmental Impact Study (EIS). Section 23.10.1 of the Official Plan outlines that lands conveyed to the Municipality, as part of a condition for development or redevelopment, shall be free from all encumbrances and shall not be contaminated. Municipality of Clarington Committee of Adjustment Page 7 B-2026-0003 4.7. An encumbrance is a legal claim on a property, which an easement is an encumbrance. As the extent of the lands designated Environmental Protection has not yet been confirmed through the required EIS, it is unknown at the time of writing this report if the requested easements, as proposed, are on the “Environmental Protection” lands. Staff are of the opinion that the application for easements should be tabled to address concerns regarding the potential for any encumbrances on the lands pursued to be conveyed by confirming the development limits and property boundaries of both the proposed severed and retained lands. 5. Conclusion 5.1. The recommendation from Planning Staff is that Consent Application B-2026- 0003 be tabled for a period of up to six (6) months and no later than November 2026, subject to the following requirements: a) Submission of an Environmental Impact Study (EIS) to confirm the development limits, as defined in the Clarington Official Plan, for both the proposed severed and proposed retained lands. b) Submission of an updated Geotechnical Report to confirm the Long Term Stable Top of Slope and physical top of bank. 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 x 2438 or AJohnston@Clarington.net Municipality of Clarington Committee of Adjustment Page 8 B-2026-0003 Attachments: Attachment 1: Draft Reference Plan Attachment 2: Clarington Development Engineering Comments Attachment 3: Clarington Emergency & Fire Services Comments Attachment 4: Elexicon Comments Attachment 5: Rogers Communications Comments Interested Parties: Shaun McGarry Kevin Nesbitt The following interested parties will be notified of Committee's decision: Shaun McGarry Kevin Nesbitt 1137 Centre Street Thornhill ON L4J 3M6 905.738.0053 F 905.738.9221 www.krcmar.ca FIELD: DWG NAME: DRAWN:CHECKED:JOB NO: WORK ORDER NO:PLOT INFO: PLAN AVAILABLE AT www.ProtectYourBoundaries.ca MUNICIPAL ADDRESS: 4253809:00 12/Jan/2026 SNR/RW/SMMS.D./J.M.S.M. No. 105 QUEEN STREET, BOWMANVILLE 12-016RP04 12-016 N24 ° 5 7 ' 3 5 ' ' W 7.0 5 N2 1 ° 3 7 ' 4 0 ' ' E 52 . 8 7 N2 0 ° 0 2 ' 2 5 ' ' E 16 1 . 5 0 N70°22'30''W 45.48N69°50'00''W 34.75 N1 4 ° 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 A B 1 2 3 PART 1 PART 2 PART 4 PART 3 N70°07'30''W 78.12 N67°56'20''W 41.24 N2 1 ° 1 3 ' 1 5 ' ' E 6. 4 9 PA R T 3 PRELIMINARY PRELIMINARY 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 cross-access easements for people, vehicles, and infrastructure for Part 2 over Part 1 as shown on the Draft Reference Plan. We have reviewed the above-noted application and 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, Manager of Development Engineering, Planning and Infrastructure Services MM/AKA To: From: Mina Mehran on behalf of Karen Richardson, Manager of Development Engineering, Planning and Infrastructure Services Date: Subject: Land Division Application B2026-0003 File: 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: Mar 04, 2026 Subject: EFS Review Complete File: B-2026-0003 EE ref.: 2026DA050503 Municipality of Clarington Date: 2026-05-05 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attn.: Elissa Kelloway RE: Site/Development Application File # B-2026-0001 Fitzrovia Real Estate Inc. 105 Queen Street, Bowmanville EE ref.: 2026DA050503 Further to the referenced File # B-2026-0001. subject to the caveats set out in this letter, Elexicon Energy Inc. has no objection to the proposed Site Plan Application to facilitates the creation of one new residential lot through severance. The retained lot will have an area of 8,635.8 m² with frontage along Queen Street and Queen Avenue, while the severed lot will have an area of 8,485 m² with frontage along Queen Avenue For a high-level overview of capacity availability within the respective area, we strongly recommend that the applicant or its authorized representative refer to the following link : https://elexiconenergy.com/contractors-developers/resources/distribution-system-capacity-map# Additionally, applicant or its authorized representative to submit a connection application to dservices@elexiconenergy.com. at the earliest opportunity to facilitate timely processing. The applicant or its authorized representative shall consult with Elexicon Energy Inc. concerning the availability of supply voltage, service location, metering, costs and any other details. These requirements are separate from and in addition to those of the ESA. Elexicon Energy Inc. will confirm the characteristics of the available electrical supply and will designate the location of the supply point to the applicant. Elexicon Energy Inc. will also identify the costs that the applicant will be responsible for. In some cases, an expansion of Elexicon’s distribution system (as such term is defined in the Distribution System Code issued by the Ontario Energy Board) will be required in order to be able to connect the customer to Elexicon’s distribution system. When an expansion is necessary, the Distribution System Code requires that a distributor perform an economic evaluation to determine if the future revenue from the customer(s) will pay for the capital cost and on-going maintenance costs of the expansion project. If a shortfall between the present value of the projected costs and revenues is calculated, the distributor may propose to collect all or a portion of that amount from the customer(s). The evaluation is basically a discounted cash flow calculation that brings all costs and revenues to their net present values. This model, in general, follows the methodology, the set of common elements and related assumptions provided in Appendix B of the Distribution System Code. Elexicon will provide an Offer to Connect once an official request for electric services is received. EE ref.: 2026DA050503 The applicant or its authorized representative shall apply for new or upgraded electric services and temporary power service in writing. The applicant is required to provide Elexicon Energy Inc. with sufficient lead-time in order to ensure: a) The timely provision of supply to new and upgraded premises; and/or b) The availability of adequate capacity for additional loads to be connected in the existing premises For all future applications and related correspondences kindly forward digital copies to: DevelopmentApplications@elexiconenergy.com Please note that the conditions and statements set out in this letter are subject to change at Elexicon’s sole and absolute discretion based on future demand, supply availability, and other relevant factors existing at the time of a customer’s application. Yours truly, Elexicon Energy Inc. Usman Khan P.Eng., M.Eng. Supervisor, Load Forecasting & Stations Planning Planning and Infrastructure Services Committee of Adjustment Minor Variance Staff Summary of Comments Submitted A-2025-0052 105 Queen Street, Bowmanville Clarington Building Division See Attachment 5 Clarington Development Engineering Division See Attachment 4 Clarington Fire and Emergency Services Department See Attachment 6 Clarington Accessibility Committee Comments Outstanding Durham Region Works Department See Attachment 7 Central Lake Ontario Conservation Authority (CLOCA) Comments Outstanding Durham Region Community Growth and Economic 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: May 28, 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 the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units, 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 f rom 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, by reducing the landscaped open space minimum from 35% to 25%, and by increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres. Recommendations: 1. That application A2025-0052 be lifted from the table; 2. That application A2025-0052 be received; 3. That all written comments and verbal submissions are considered in the deliberation of this application; 4. That application A2025-0052, for a Minor Varian ce to: i. Section 15.4.36.b.i by increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units, ii. to Section 15.4.36.b.ii.a by reducing the east lot line yard setback minimum from 29 metres to 3 metres, iii. Section 15.4.36.b.ii.b by reducing the south lot line yard setback minimum from 31 metres to 7.5 metres, iv. Section 15.4.35.b.ii.b by reducing the interior side yard setback minimum within the (R4- 35) Zone to the EP Zone from 10 metres to 3 metres v. Section 15.2.c.ii by reducing the interior side yard setback within the (R4-36) Zone to the lot lines abutting the R4-35 Zone from 7.5 metres to 0 metres, vi. Section 15.4.36.b.iv by increasing the maximum building height from 9 storeys to 10 storeys, vii. 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, viii. Section 15.2.f by reducing the landscaped open space minimum from 35% to 25%, ix. Section 3.1.g.iv by increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres, Municipality of Clarington Committee of Adjustment A-2025-0052 Page 3 x. Section 3.16.e by reducing the minimum number of parking spaces required on the subject lands to 135, of which a minimum of 112 parking spaces shall be provided and maintained for residential use, and a minimum of 23 parking spaces shall be provided for vi sitor parking, be approved, subject to the following condition s: a. That consent application B2026-0001 be approved. b. Submission to the Secretary-Treasurer of written confirmation that a Geotechnical Study and an Environmental Impact Study that finalize the precise limits of the developable area of the subject lands have been reviewed to the Agency’s satisfaction and to the satisfaction of the Deputy CAO of Planning and Infrastructure. as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and minor in nature. 5. 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 4 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 the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units, 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, by reducing the landscaped open space minimum from 35% to 25%, and by increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres. 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” Municipality of Clarington Committee of Adjustment A-2025-0052 Page 5 Designation : 1.9 Water, Sewage and Storm Servicing: “High Density Residential” and “Environmental Protection” within the Bowmanville East Urban Centre Secondary Plan and “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 6 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2025-0052 Page 7 2. Background Applications Submitted 2.1 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. The Minor Variance application was tabled at the February 26, 2026 Committee of Adjustment meeting to allow Staff to receive and review required reports and studies to determine how the proposed built form meets the intent of the relevant policies and regulation s. 2.2 There are ten (10) Minor Variances requested to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek. Nine (9) Minor Variances were requested at the February 26, 2026 meeting to facilitate Phase 2 of Chartwell Bowmanville Creek as well as the future severance of the subject property. The Minor Variances are: a) to increase the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units, b) reduce the east lot line yard setback minimum from 29 metres to 3 metres, c) reduce the south lot line yard setback minimum from 31 metres to 7.5 metres, d) reduce the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres, e) reduce the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres, f) increase the maximum building height from 9 storeys to 10 storeys, g) reduce the total number of parking spaces required from 300 spaces to 135 spaces, h) 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, i. and reduce the landscaped open space minimum from 35% to 25%. Upon submission of the Site Plan Approval application (X -Reference: SPA2026-0013), a tenth Minor Variance was identified to: a) facilitate the projection of the ground floor terraces by increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 8 2.3 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, proposing to divide the Phase 1 and Phase 2 lands for ownership and financing purposes (X- Reference B2026-0001), and one application for easements in favour of the proposed severed lands (X-Reference B2026-0003). The received applications for consent w ere tabled at the March 26, 2026 Committee of Adjustment meeting to allow Staff to receive and review required reports and studies (i.e., updated Traffic Impact Study, Environmental Impact Study, Environmental Site Assessment) to establish the precise development limits of the subject lands and determine if the Minor Variances for the built form cannot meet the intent of the relevant policies and regulations. A third consent application for additional easements is anticipated to be submitted in June 2026 in favour of the proposed retained lands. 2.4 In the February Minor Variance report, Staff provided the opinion that the Minor Variance application was premature and that the Site Plan Application should be circulated to departments and agencies to receive comments on the built form prior to any recommendations at the Committee of Adjustment. On April 9, 2026, Planning Staff received an application for Site Plan Approval for the proposed subject lands. The applicant submitted the required reports, studies, and plans, which were circulated to departments on April 22, 2026. Processing Applications Under the Bowmanville East Urban Centre Secondary Plan 2.5 The development is proposed 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. Because the Bowmanville East Urban Centre Secondary Plan is under appeal, the Bowmanville Town Centre Secondary Plan is the Secondary Plan in full force and effect. 2.6 The Bowmanville East Urban Centre Secondary Plan was approved by Clarington Council on January 27, 2025. Section 24(2) of the Planning Act states: “if a council or a planning board has adopted an amendment to an official plan, the council of any municipality of the planning board of any planning area to which the plan of any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment comes into effect”. 2.7 Section 24(4) of the Planning Act outlines that a by-law passed under section 34 by the council of a municipality or a planning board in a planning area in which an official plan is in effect and an appeal is withdrawn of dismissed or the by-law is amended by the Tribunal or as directed by the Tribunal, the by-law shall be conclusively deemed to be in conformity with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 9 2.8 It is the legal opinion of Clarington’s Solicitor that as Clarington Council approved the Bowmanville East Urban Centre Secondary Plan on January 27, 2025, applications can be processed under the policies of the appealed Secondary Plan. While a minor variance is not a by-law and is not passed by Clarington Council, an application for Minor Variance can be processed under an appealed Secondary Plan. Therefore, any proposed Minor Variance must maintain the general intent and purpose of the Clarington Official Plan, including the Bowmanville East Urban Centre Secondary Plan that was approved by Clarington Council. 2.9 As the Bowmanville East Town Centre Secondary Plan is the secondary plan in full force and effect, the application shall have regard to the policies in both the Bowmanville East Town Centre Secondary Plan and Bowmanville East Urban Centre Secondary Plan. Overview of Required Reports and Studies and Application Timelines 2.10 At the February 26, 2026 meeting, Staff noted that the supportability of Minor Variances required the submission of an Environmental Impact Study (EIS), Environmental Site Assessment (ESA), Traffic Impact Study (TIS), and Shadow Impact Study amongst other supporting documents, to demonstrate that the proposed development did not have any adverse impacts. 2.11 In April 2026, Staff received the required Shadow Impact Study as part of the Urban Design Brief, Phase One Environmental Site Assessment (ESA) and Traffic Impact Study with parking rationale. 2.12 A portion of the subject lands are designated “Environmental Protection” which are part of Clarington’s Natural Heritage System within the Clarington Official Plan. An Environmental Impact Study (EIS) is required to identify the constraints and development limits to support both the built form and severance application. The EIS cannot be finalized until the dripline staking is complete which is done during “leaf -on”. The dripline staking is scheduled with the applicant, Clarington Staff, and CLOCA Staff in attendance for June 12, 2026. As the dripline staking cannot be done until “leaf -on”. Staff have not received an EIS to confirm the development limits on the subject lands. 2.13 Although the finalized EIS has not been submitted to confirm the development limits, Staff are of the opinion that variances that require confirmation of development limits through an EIS can be conditioned on the approval of a land division, as the land division cannot be approved or finalized until the development limits are confirmed. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 10 2.14 The applicant’s environmental consultant undertook preliminary work in September 2025 and submitted a Scoped EIS Memo to determine the development potential of the subject lands. The Municipality requires a full EIS with Staff in attendance of the dripline staking. There have been frequent, ongoing meetings and conversations between the applicant, Clarington Staff, and Central Lake Ontario Conservation Authority (CLOCA) Staff to determine the Terms of Reference for the study. Through the review of preliminary documents an d conversations, it is not anticipated that the “Environmental Protection” lands are going to encroach onto the portion of lands zoned (R4-36) where the development is proposed. H owever, should the finalized studies find that the development is proposed to encroach into any portion of lands designated as “Environmental Protection”, the applicant is aware that revisions to the proposal will be required, and that further variance applications may be required. 2.15 The Central Lake Ontario Conservation Authority (CLOCA) regulates development in hazard lands. In January 2026, the applicant’s environmental consultant commenced top of bank staking to identify the long-term stable slope to confirm precise development limits to ensure development does not occur within the erosion hazard limit. The constraint mapping submitted by the applicant shows an encroachment of the proposed development within the erosion hazard limit. Further top of bank staking is scheduled to be completed with Clarington and CLOCA Staff in attendance on June 12, 2026. The applicant submitted a geotechnical report and slope stability analysis, which were circulated to departments and agencies and reviewed by CLOCA’s Geotechnical Engineer. A staking with CLOCA’s Geotechnical Engineer is required to confirm top of bank and the erosion hazard limit. Should the staking confirm the erosion hazard limit, the potential to support a minor encroachment of the underground parking structure into the erosion hazard limit exists, subject to further conversations between Clarington staff and CLOCA. Staff are of the opinion that the relief required to reduce the setback to the southern lot line can be approved based on the conditi on that the applicant submits their finalized Geotechnical and Environmental Impact Studies to the satisfaction of CLOCA and Clarington's Deputy CAO of Planning Infrastructure. The relevant policies and regulations do not permit consent to sever within the erosion hazard limits. . 2.16 The applicant has been working with Staff to progress the files. Staff are supportive of the proposed development, subject to the findings of the technical reports and studies providing confirmation the development does not encroach into the development limits. The detailed design of the building and site will be administered through the Site Plan Approval process. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 105 Queen Street in Bowmanville (See Figure 1 ) and is 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. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 11 3.2 Phase 2 of Chartwell Bowmanville Creek, a proposed 223-unit apartment building geared towards seniors, is proposed to be situated on the portion of the subject lands zoned “[(H)R4-36]. The [(H)R4-36] Zone is approximately 0.59 hectares in size. 3.3 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 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. 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. 4.2 At the time of writing this report, Staff have received one comment from a member of the public regarding the proposed development. The concern was surrounding sunlight and shadowing on their property from the increase in height and increased building footprint. The member of the public cited concerns over the location of the step back. The applicant has submitted a Shadow Impact Study as part of their Urban Design Brief which demonstrates shadowing impacts on neighbouring properties (see Attachment 3). Staff are of the opinion that the shadowing on the member of the public’s property is minor in nature. The location of the step back is handled through the Site Plan Approval process and will require demonstration that the proposed step back location is supportable. 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan Clarington Official Plan 5.1 The subject lands are designated “Urban Centre” and “Environmental Protection” within Clarington’s Official Plan . Municipality of Clarington Committee of Adjustment A-2025-0052 Page 12 “Urban Centre” 5.2 The “Urban Centre” is intended to have the main concentration of activity, which includes providing residential developments in order to achieve higher densities, achieve transit-oriented development and reinforce the objective of achieving a diverse mix of land uses. 5.3 The “Urban Centre” permits the proposed residential use and apartment building. “Environmental Protection Area” 5.4 “Environmental Protection Areas” are recognized as the most significant components of the Municipality’s natural environment. “Environmental Protection Areas” are to be preserved and protected from the effects of human activity. The precise limits of development area are to be defin ed through the appropriate studies (i.e., an Environmental Impact Study [EIS]), which includes the associated minimum vegetation protection zone in accordance with Table 3-1 of the Official Plan . 5.5 The current mapping of the “Environmental Protection Area” land use designation in the Official Plan follows the (EP) Zone boundary and is based on the findings of the studies as part of the Official Plan Amendment and Zoning By-law Amendment applications (X - Reference: COPA2012-0003 and ZBA2012-0007) that were approved by Clarington Council in 2014 (see Figure 2). An Official Plan Amendment application is not required to modify the extent of the Environmental Protection Area if it is a result of modificati ons to the natural heritage system. 5.6 The proposed development of Phase 2 of Chartwell Bowmanville Creek is proposed within the “Urban Centre” land use designation. There is no development proposed within the current mapping of the “Environmental Protection Area”. As the natural environment an d natural features are not stagnant, an EIS is required to determine the current extent of the Environmental Protection lands and confirm that no portion of development encroaches into the Natural Heritage System. 5.7 Th is report assesses the proposed development within the “Urban Centre” land use designation. For any variance that requires confirmation of the development limits through an EIS, it is recommended to condition an approval based on the land division as the land division cannot be finalized without the development limits confirmed (based the findings of the EIS). While the current development limits have not been confirmed, Staff are of the opinion the approval of the requested minor variances can be conditioned on the approval of severance application B -2026-0001. Should the EIS determine the proposed development encroaches into the Environmental Protection lands, the variances conditioned based on the EIS findings will not receive final approval and the applicant must revise the building design and apply for new variances. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 13 Figure 2: Current Clarington Official Plan Land Use Designations Variance #1 – Increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units 5.8 The proposed variance to increase the density maintain s the permitted residential use of the land. Table 4-3 in the Clarington Official Plan provides a summary of urban structure typologies to guide development applications based on their location. Within Urban Centres, there is a minimum net density (units per net hectare) of 120. The Clarington Official Plan does not provide a maximum density for Urban Centres. 5.9 To calculate net density the total number of dwelling units is divided by net residential land area. As the (EP) Zone does not permit development and Section 3.14 of Zoning By-law 84-63 outlines each zone shall be treated as separate lots, the lot area of the (R4-36) Zone is used for the net residential land area. The net density of the proposed 223-unit apartment is approximately 378 units/suites per net hectare (223-units / 0.59 hectares = 378). 5.10 As the Official Plan policies direct growth, including residential intensification, to Urban Centres through minimum densities, the proposed variance to increase the density (maximum) from 185 units/suites per net hectare to 378/units per net hectare maintains the general intent and purpose of the Clarington Official Plan. Variance #2 – Reducing the east lot line yard setback minimum from 29 metres to 3 metres 5.11 The proposed variance to reduce the east lot line yard setback minimum maintains the permitted residential use of the land. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 14 5.12 Policy 5.4.3.a) of the Official Plan outlines that development in centres, corridors and priority intensification areas will be designed to have buildings sited near the street line to contribute to a sense of enclosure and a strong street edge. The east lot line has frontage onto Queen Avenue and will be considered the front lot line if severance application (B2026-0001) is approved. A reduction in the east lot line yard setback minimum facilitates the building to be sited closer to the street line, creati ng a stronger street edge and sense of place. Variance #3 – R educing the south lot line yard setback minimum from 31 metres to 7.5 metres 5.13 The proposed variance to reduce the south lot line yard setback minimum maintains the permitted residential use of the land. Variance #4 – Reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres 5.14 The proposed variance to reduce the interior side yard setback minimum maintains the permitted residential use of the land. Variance #5 – Reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 0 metres 5.15 The existing use of the portion of lands zoned (R4-35) is a Retirement Home. No new development is proposed on the portion of lands zoned (R4-35). The “Urban Centre” land use designation permits the existing residential use. Variance #6 – Increasing the maximum building height from 9 storeys to 10 storeys 5.16 To manage growth, Table 4-3 in the Clarington Official Plan provides guidance for development applications based on their location. Within Urban Centres, the predominant residential built form and mix is to be mid-rise and high -rise, which includes apartments. The standard minimum height for Urban Centres is 4 storeys with a maximum height of 12 storeys. 5.17 The proposed 10 storey building height of the proposed apartment maintains the general intent and purpose of the built form outlined for Urban Centres in the Clarington Official Plan. Variance #7 – Reducing the total number of parking spaces required from 300 spaces to 135 spaces 5.18 The provision of adequate off -street parking is required for all new developments. The Official Plan allows for the Municipality to limit the number of parking spaces for a development based on transit service and opportunities for shared parking. To minimize land consumption, the Official Plan encourages shared parking, parking structures, below grade parking, and active transit infrastructure. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 15 5.19 The Bowmanville Urban Centre is identified as a Priority Intensification Area. The Municipality may consider a reduction to the parking space requirements in Priority Intensification Areas where they demonstrate they can meet the specific requirements of Policy 10.3.8. A Transportation Impact Study (TIS) was submitted by the applicant to demonstrate that the reduction of parking could be supported, which includes proximity to existing transit and infrastructure available. There have been on -going conversations since November 2025 between the applicant, Development Engineering Staff, and Development Review Staff regarding the proposed parking reduction and requirements of the TIS. Planning and Engineering Staff are satisfied that the applicant has demonstrated they can meet the requirements of the Official Plan in reducing parking spaces, and any detailed design considerations can be handled at the Site Plan stage. Variance #8 – 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 5.20 The “Urban Centre” land use designation permits the proposed high -rise apartment. The Clarington Official Plan does not have any specific requirement for the location of outdoor amenity spaces. For high -rise buildings, amenity space requirements are outlined in Clarington’s Amenity Guidelines for Medium and High Density Developments. Variance #9 – Reducing the landscaped open space minimum from 35% to 25% 5.21 The proposed variance to reduce the landscaped open space is to facilitate a larger built form of the building and surface level parking spaces. The proposed apartment and parking is permitted with in the “Urban Centre” land use designation. As the (EP) Zone and “Environmental Protection Area” land use designation does not permit development, the requested variance ensures all proposed development is located within the “Urban Centre”. Variance #10 – Increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres 5.22 The proposed variance to increase the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building maintains the permitted use of an apartment building and achieves the objective to create attractive safe communities with a sense of place and diversity of built form by shaping residents living experiences through private, individual amenity spaces. The Bowmanville East Town Centre Secondary Plan 5.23 The subject lands are designated “High Density Residential” and “Environmental Protection Area” within the Bowmanville East Town Centre Secondary Plan. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 16 “High Density Residential” 5.24 The High Density Residential land use designation permits residential uses, including special needs housing. Section 6.3.17 of the parent Official Plan outlines that special needs housing may include seniors housing. The land use designation permits the proposed residential use of an apartment building geared towards seniors. “Environmental Protection Area” 5.25 The subject lands are designated “High Density Residential” and “Environmental Protection Area” within the Bowmanville East Town Centre Secondary Plan. Lands designated “Environmental Protection Area” in the Secondary Plan follow the policies in “Section 14.4 Environmental Protection Areas” in the parent Clarington Official Plan. 5.26 No development is proposed within existing “Environmental Protection Area” mapping. The precises limits of development area are to be detailed through the appropriate studies (i.e., an Environmental Impact Study [EIS]), which includes the associated minimum vegetation protection zone in accordance with Table 3-1 of the Official Plan . Variance #1 – Increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units 5.27 Section 8.5.4 of the Bowmanville East Town Centre Secondary Plan states that for lands municipally addressed as “105 Queen Street”, buildings sited further than 80 metres from the Queen Street frontage shall have a maximum height of 9 storeys and a maximum density of 186 units per net residential hectare. 5.28 Section 2.3.4 of the Clarington Official Plan states “where there is a conflict or inconsistency with the parent Plan, the Secondary Plan will prevail, unless the conflict is associated with the density and intensification policies of the parent Plan, in this case, the parent Plan shall prevail”. Since the policies in the parent Official Plan provides minimum density targets with no maximum density, the density targets in the parent Official Plan prevail. 5.29 As the minimum density targets for the “Urban Centre” land use designation in the Clarington Official Plan policies prevail, the proposed variance to increase the density (maximum) from 185 units/suites per net hectare to 378 units per net hectare maintains the general intent and purpose of the Clarington Official Plan, including the Bowmanville East Town Centre Secondary Plan. Variance #2 – Reducing the east lot line yard setback minimum from 29 metres to 3 metres 5.30 The proposed variance to reduce the east lot line yard setback minimum facilitates the development of an apartment building which is a permitted use in the High Density R esidential land use designation. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 17 Variance #3 – Reducing the south lot line yard setback minimum from 31 metres to 7.5 metres 5.31 The proposed variance to reduce the south lot line yard setback minimum facilitates the development of an apartment building on top of an underground parking garage structure, which is a permitted use in the High Density Residential land use designation. Variance #4 – Reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres 5.32 The proposed variance to reduce the interior side yard setback maintains the permitted high density residenti al use of the lands. Variance #5 – Reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres 5.33 The High Density Residential land use designation permits residential uses, which includes special needs housing such as a Retirement Home. The proposed variance to reduce the interior side yard setback minimum within the (R4-35) Zone facilitates the retainment of the existing Retirement Home on the subject lands. Variance #6 – Increasing the maximum building height from 9 storeys to 10 storeys 5.34 Policy 8.5.4.b of the Bowmanville East Town Centre Secondary Plan states that for the lands municipally addressed as 105 Queen Street, buildings further than 80 metres from the Queen Street frontage shall have a maximum height of 9 storeys. 5.35 The site-specific Secondary Plan policy was implemented through the Official Plan Amendment (X-Reference: COPA2012-0003) that was approved by Clarington Council in 2014. In the Official Plan Amendment and Zoning By-law Amendment application s, the applicant initially requested a building height of 7 storeys. However, the applicant revised the proposal to 9 storeys. The increase in height from 7 to 9 storeys was to facilitate the ability to construct more units based on market demands and the identified development limits of the subject lands at that time. Staff had no concerns of sunlight and shadowing impacts of the 9 storeys. 5.36 Although the site-specific Official Plan Amendment states there is a maximum height of 9 storeys for 105 Queen Street, the proposed variance to increase the maximum building height to 10 storeys maintains the general intent and purpose of the site- specific policy. The intent of the variance is to facilitate a taller building that can accommodate more dwelling units that are geared towards seniors, an identified need in Provincial and local policies. Furthermore, the Bowmanville East Urban Centre Secondary Plan was approved by Clarington Council on January 27, 2025, which permits a maximum building height of 10 storeys. The proposed variance aligns to the intent of the site-specific policy in the Bowmanville East Town Centre Secondary Plan as well as aligns with the vision of Clarington Council through the approved Bowmanville East Urban Centre Secondary Plan. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 18 Variance #7 – Reducing the total number of parking spaces required from 300 spaces to 135 spaces 5.37 Policy 13.4 outlines that wherever possible, development shall provide for joint parking and street access between abutting properties to facilitate the movement of vehicles and improve the supply of parking. A Traffic Impact Study may be required to ensure it does not negatively impact operation safety and capacity of the road network, 5.38 The applicant proposes joint parking between the Phase 1 and Phase 2 buildings with applications for easements required. The proposed joint parking between the buildings maintains the intent to facilitate more transit-oriented development that utilizes sustainable forms of transportation including walkability and public transportation. Variance #8 – 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 5.39 Amenity areas are a component of urban design for high density developments that seeks to provide residents with functional spaces that are design for engagement and leisure. 5.40 As the subject lands are not located within the King Street Corridor in the Bowmanville Town Centre Secondary Plan, the urban design requirements follow the general urban design principles of the Clarington Official Plan. 5.41 The proposed variance to permit outdoor amenity area within 0 metres of the east lot line facilitates a high density development with outdoor amenity space, which is permitted within the High Density Residential land use designation . Variance #9 – Reducing the landscaped open space minimum from 35% to 25% 5.42 The proposed variance to reduce the landscaped open space minimum maintains the permitted residential use of the High Density Residential land use designation and protects the Environmental Protection Area by locating all development on lands within the High Density Residential designation . Variance #10 – Increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres 5.43 The proposed variance to increase the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building maintains permitted High Density Residential use of the land through facilitating the creation of larger individual and private terraces and balconies. The Bowmanville East Urban Centre Secondary Plan 5.44 Within the Bowmanville East Urban Centre Secondary Plan, the subject lands are designated “High Density Residential” and “Environmental Protection Area” and are located within the Downtown Corridor Character Area. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 19 “High Density Residential” 5.45 The “High Density Residential” land use designation allows for predominantly residential uses within mid-rise and high -rise building forms to deliver a mix of housing types and tenures. The proposed apartment building is permitted within the “High Density Residential” land use designation. “Environmental Protection Area” 5.46 “Environmental Protection Areas” are recognized as the most significant components of the Municipality’s natural environment and includes natural heritage features, hydrologically sensitive features, lands within the regulatory flood plain of a watercourse, and hazard lands associated with valley systems, including slope and erosion hazards. 5.47 No development is proposed within existing “Environmental Protection Area” mapping. The delineation of the current extent of the Environmental Protection Area land use designation is to be confirmed through the appropriate, site-specific studies (i.e., EIS). Variance #1 – Increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units 5.48 Section 5.4.2 of the Bowmanville East Urban Centre Secondary Plan outlines that within the High Density Residential land use designation, development shall achieve a minimum density of 150 units per net hectare. The requested variance to increase the density (maximum) from 185 units/suites per net hectare to 378 units per net hectare will exceed the minimum density required by Section 5.4.2. Variance #2 – Reducing the east lot line yard setback minimum from 29 metres to 3 metres 5.49 The proposed variance to reduce the east lot line yard setback minimum facilitates the development of an apartment building which is a permitted use in the High Density Residential land use designation. 5.50 The subject lands are located within the Downtown Corridor Character Area. As per Policy 6.8.4.a, development in the Downtown Corridor will maintain a front yard setback of a minimum of 1.0 metre and a maximum of 3.0 metres, where appropriate. As the east lot line has frontage onto Queen Avenue and will be the front lot line if severance application B2026-0001 is approved, the proposed variance maintains the intent to site buildings closer to the street line. Variance #3 – Reducing the south lot line yard setback minimum from 31 metres to 7.5 metres 5.51 The proposed reduction to the south lot line yard setback minimum facilitates the development of an apartment building permitted in the High Density Residential land use designation. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 20 5.52 “Schedule C : Transportation and Open Space Network” within the Secondary Plan shows that Queen Avenue is proposed to be extended south, aligning to the southern portion of the subject lands. An objective of the Bowmanville East Urban Centre Secondary Plan is to establish a scale and form of development that is human -scale and contextually-sensitive. The reduction in the south lot line yard setback minimum will create a more defined streetscape through siting the building in alignment with the vision of the redevelopment of the surrounding area. Variance #4 – Reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres 5.53 The proposed variance to reduce the interior side yard setback maintains the permitted high density residential use of the lands. Variance #5 – Reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres 5.54 The Bowmanville East Urban Centre Secondary Plan encourages the provision and retention of housing which serves the specialized support needs or residents, including supportive housing, assisted housing, and seniors housing. 5.55 The proposed variance to reduce the interior side yard setback minimum within the (R4- 35) Zone seeks to retain an existing Retirement Home which serves specialized support needs, should severance application B2026-0001 be approved. 5.56 Through facilitating the severance and retainment of the existing Retirement Home, the proposed variance will also facilitate the development of an apartment geared towards seniors, serving the specialized support needs of residents to age in place. Variance #6 – Increasing the maximum building height from 9 storeys to 10 storeys 5.57 The High Density Residential land use designation within the Bowmanville East Urban Centre Secondary Plan permits residential uses of mid and high -rise building forms to achieve a minimum density of 150 units per net hectare. 5.58 The portion of the subject lands designated “High Density Residential” is located within the Regional Centre boundary. Developments within the Regional Centre shall be planned to maximize permitted heights and massing in alignment with transit supportive density and walkability. Policy 5.2.8 states that high -rise buildings are characterized as buildings between 7 to 12 storeys in accordance with the Clarington Official Plan. 5.59 Within the Secondary Plan, the subject lands are located within the “Downtown Corridor Character Area”. The Downtown Corridor permits a minimum building height of 4 storeys and a maximum height of 10 storeys. Although the land use designations within the Secondary Plan and Official Plan permit a maximum height of 12 storeys, the Character Area policies prevail. Therefore, the maximum building height for the subject lands within the Bowmanville East Urban Centre Secondary Plan is 10 storeys. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 21 5.60 The proposed 10 storey apartment maintains the general intent and purpose of the Down town Corridor Character Area and High Density Residential land use designation within the Secondary Plan. Variance #7 – Reducing the total number of parking spaces required from 300 spaces to 135 spaces 5.61 The Bowmanville East Urban Centre Secondary Plan encourages shared vehicle parking facilities between adjacent properties is encouraged. Policy 6.7.7 outlines that the implementing zoning by-law shall establish minimum and maximum requirements for parking. To encourage a shift toward sustainable modes of transportation and reflect the walking distance to transit and complimentary uses, parking requirements shall seek to reduce minimum and maximum parking standards. 5.62 The proposed variance seeks to reduce the minimum parking standards and utilizes the existing shared parking provisions between the R4-35 and R4-36 zoned portions of the site to provide for additional parking spaces. Additionally, the applicant has agreed that the provision of a shuttle and grocery delivery memberships will be provided to residents at no cost in order to reduce car dependency. The applicant is also exploring car sharing possibilities. Variance #8 – 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 5.63 Policy 8.2.5 of the Bowmanville East Urban Centre Secondary Plan encourages new multi -unit buildings with residential uses to include both indoor and outdoor amenity spaces. 5.64 The proposed variance facilitates the provision of outdoor amenity space for residents within a permitted apartment in the High Density Residential land use designation. Variance #9 – Reducing the landscaped open space minimum from 35% to 25% 5.65 The proposed variance to reduce the landscaped open space maintains the intended residential use of the High Density Residential land use designation and protects the Environmental Protection Area from all development. Variance #10 – Increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres 5.66 Policy 8.2.3 outlines that residential units within apartments or multi -unit buildings are encouraged to includes balconies or terraces. The proposed variance to increase the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building facilitates individual terraces at the ground level and balconies on levels 2 to 10. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 22 5.67 Policy 6.5.8 states that balconies shall be recessed and/or integrated into the design of the building façade. The detailed design of the apartment and the individual terraces and balconies will be determined at the Site Plan Approval stage. As proposed, the balconies and terraces are integrated into the design of the building façade. 5.68 For the above stated reasons, it is Staff’s opinion that the Minor Variances requested maintains the general intent and purpose of the Clarington Official Plan, including the Bowmanville East Town Centre Secondary Plan and Bowmanville East Urban Centre Secondary Plan . Maintain the general intent and purpose of the Zoning By-law 5.69 The subject property is zoned “Urban Residential Exception (R4-35)”, “(Holding) Urban Residential Exception [(H)R4-36]”, and “Environmental Protection (EP)” within Zoning By-Law 84-63, as amended. 5.70 The (R4-35) Zone permits residential uses, including the existing 5-storey, 143-unit Retirement Home. 5.71 The (R4-36) Zone permits residential uses, including the proposed 223-unit apartment building. 5.72 The (EP) Zone does not permit residential uses or development. No development is proposed within the (EP) Zone. Variance #1 – Increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units 5.73 The intent and purpose of density is to manage growth by directing growth to the appropriate areas based on infrastructure and service capacity. At the time the current zoning was implemented in 2014 (X-Reference: ZBA2012-0007), the subject lands were adjacent to an operational industrial use on the Goodyear lands. The maximum density was intended to control growth by limiting the number of residential units (i.e., a sensitive land use) in proximity to an industrial use. 5.74 The proposed variance to increase the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 units maintains the intent to control growth as the subject lands are no longer in close proximity to an active industrial use and are located within a priority intensification area. The subject lands are desirable for the proposed use and density due to being located in close proximity to transportation, commercial services, as well as the Lakeridge Health Bowmanville Hospital. Variance #2 – Reducing the east lot line yard setback minimum from 29 metres to 3 metres 5.75 At the time of writing the report, the east lot line is considered an exterior lot line for the subject lands. If severance application B2026-0001 is approved, the east lot line will be the front lot line. The east lot line fronts onto Queen Avenue. The intent and purpose of Municipality of Clarington Committee of Adjustment A-2025-0052 Page 23 a setback for a lot line that has frontage onto a street is to appropriately site buildings which maintains an attractive streetscape. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 24 5.76 Report PSD-062-13 was received by Clarington Council on February 3, 2014 which outlined the applications for an Official Plan Amendment (COPA2012-0003) and Zoning By-law Amendment (ZBA2012-0007) to facilitate the current (R4-35), (R4-36), and (EP) zoning of the subject lands. The report outlines that at the time the zoning was implemented in 2014, the Goodyear industrial facility was operational. The Ministry of Environment D-6 Guideline “Compatibility Between Industrial Facilities and Sensitive Land Uses” recommended a minimum separation distance of 70 metres from such a facility. A municipality could reduce the minimum separation distance provided there were mitigation measures. As a result, a 50 metre separation distance between the Goodyear lands and the proposed Phase 2 development was determined to be appropriate. In accounting for the municipal right-of-way along Queen Avenue, the 50 metre distance from the Goodyear lands facilitated a 32 metre setback from the subject lands east lot line to the proposed development. 5.77 The facilities located on the Goodyear lands have not been operational since 2016. The current land use designation within the Clarington Official Plan is “Urban Residential” and is designated “Mixed Use Area” within the Bowmanville East Urban Centre Secondary Plan. There are current development applications proposing redevelopment, including residential uses, of the Goodyear lands. 5.78 As the Goodyear lands are designated for residential development, th e subject lands are no longer in close proximity to an active industrial use. The reduction in the east lot line setback will facilitate a residential development with an attractive streetscape in an area slated for higher density forms of residential development. Variance #3 – Reducing the south lot line yard setback minimum from 31 metres to 7.5 metres 5.79 The purpose of the 31 metre south lot line of the subject lands was to facilitate a residential development (i.e., sensitive land use) that maintained an appropriate setback from an active industrial use. The south lot line of the subject lands abuts the former Goodyear lands, which at the time the zoning was approved by Clarington Council in 2014 was a manufacturing plant. 5.80 The Goodyear lands abutting the south lot line are design ated “Urban Residential” within the Clarington Official Plan and “Mixed Use Area” within the Bowmanville East Urban Centre Secondary Plan . There is a current Zoning By-law Amendment application on the Goodyear lands (X-Reference: ZBA2025-0006) proposing residential uses. 5.81 As the Goodyear lands are no longer an active industrial use, are slated for redevelopment within the local policies and have a current Zoning By-law Amendment application proposing high -density residential uses, the reduction of the south lot line yard setback minimum from 31 metres to 7.5 metres maintains the intent to appropriately situate and setback development on the subject lands from the uses of a neighbouring property. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 25 Variance #4 – Reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres 5.82 The intent of an interior side yard is to appropriately situate a building from neighbouring properties and maintain privacy. 5.83 Section 15.4.36.b.ii.c of Zoning By-law 84-63 outlines that the setback from the (R4-36) Zone to the (R4-35) Zone is 0 metres. In writing the (R4-36) Zone yard setbacks, th ey are notwithstanding the (R4) Zone front yard, exterior side yard, and rear yard setbacks. The (R4-36) Zone did not withstand the 7.5 metre interior side yard setback minimum of the (R4) Zone. 5.84 The intent of the (R4-36) was to facilitate an apartment building in the (R4-36) Zone that would connect to the Retirement Home on the (R4-35) portion of lands. The requested variance is a technical variance to facilitate the severance of the subject lands. As the approval of a severance would result in the (R4-35) and (R4-36) zone boundary line being considered the interior side yard of the proposed severed land, the requested variance maintains the intent to facilitate a connection between the proposed apartment in the (R4-36) Zone and Retirement Home in the (R4-35) Zone. Variance #5 – Reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres 5.85 The intent and purpose of an interior side yard is to maintain adequate distance from neighbouring properties for access and privacy. 5.86 The requested variance to reduce the interior side yard setback minimum within the (R4-35) Zone is a technical variance to retain the existing Retirement Home if a severance is approved (X-Reference: B2026-0001). 5.87 The proposed retained lot is an irregular shaped lot. The proposed severed lot encompasses the (EP) and (R4-36) Zones, and the proposed retained lot is the (R4-35) Zone. As the current interior side yard setback for the subject lands (i.e., prior to severance) measures the interior side yard setback to the lot line, not the (EP) Zone boundary line abutting the (R4-35) Zone, the existing building complies to the zoning. If the (EP) Zone is severed from the (R4-35) Zone, the (EP) Zone boundary line abutting the (R4-35) Zone will become the proposed retained lots new interior side yard. Therefore, to legalize and retain the existing dwelling in the (R4-35) Zone if a severance is approved, the proposed variance will facilitate the retainment of the building. 5.88 Section 3.22.a of Zoning By-law 84-63 requires all development to be setback 3 metres from an (EP) Zone. The proposed reduction of the interior side yard abutting the (EP) Zone maintains the intent to keep a 3 metre distance between buildings and an (EP) Zone. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 26 5.89 The proposed variance to reduce the interior side yard setback minimum within the (R4- 35) Zone maintains the adequate distance from neighbouring properties as the proposed retained and severed lots are to function as one site, with required easements benefitting both the proposed retained and severed lands providing access to the other building. Variance #6 – Increasing the maximum building height from 9 storeys to 10 storeys 5.90 The intent and purpose of height is to manage growth and mitigate adverse impacts on neighbouring properties, including shadowing impacts. 5.91 The proposed increase in maximum building height directs growth to the Bowmanville Urban Centre, which is an area of intensification and growth. 5.92 A Shadow Impact Study was submitted by the applicant to demonstrate impacts on adjacent properties. The study was done at hourly increments for March 21, June 21, September 21, and December 21. The findings of the study demonstrate that there are minimal shadow impacts on adjacent properties and that all neighbouring properties, including Rotary Park, will have at least 5 hours of consecutive sunlight per day. Variance #7 – Reducing the total number of parking spaces required from 300 spaces to 135 spaces 5.93 The purpose of parking is to ensure there is an adequate supply of off -street parking spaces to mitigate negative impacts of on -street parking and ensure residents have access to transportation to meet daily needs. 5.94 Section 3.14 of the Zoning By-law outlines that each zone shall be treated as its own lot. Therefore, the parking required for the proposed Phase 2 building is based on the requirements of the (R4-36) Zone. The proposed 223-unit developments requires a total of 300 parking spaces based on the following breakdown : • Studio, One Bedroom, and One Bedroom + Den units require one parking space per unit. o 141 studio and one bedroom units x 1 space per unit = 141 required spaces • Two Bedroom units require 1.25 parking spaces per unit. o 82 two bedroom apartments x 1.25 spaces per unit = 103 required spaces • 0.25 visitor space per unit required o 223 units x 0.25 spaces = 56 required visitor spaces Therefore, a total of 244 resident spaces and 56 visitor spaces are required, for a total of 300 parking spaces. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 27 5.95 The applicant has submitted a Transportation Impact Study (TIS) to provide justification that the proposed reduction can function. Justification included existing surplus parking on the existing Phase 1 lands zoned (R4-35), proximity to existing public transportation, proxy site comparisons of similar developments, and other measures to encourage alternative forms of transportation. Development Engineering has reviewed the submitted TIS and have no concerns for the proposed total amount of parking spaces. 5.96 Sections 15.4.35.b.vii and 15.4.36.b.vi permit parking for uses located in the R4-35 Zone on lands zoned R4-36 and vice versa. The (R4-35) Zoned portion of the site has a surplus of 29 parking spaces. As parking can be shared and easements will be required to facilitate the development, the 20 surplus parking spaces provide additional parking spaces to help compensate for the reduction in the (R4-36) Zone. 5.97 In reference to the submitted study in the TIS, as the apartment is geared towards seniors, it is anticipated that fewer residents drive automobiles, and that therefore fewer parking spaces will be required than for a typical residential building of this size. Planning Staff expressed that there is support for a reduction in the parking requirements, however there were concerns on the requested reduction from 300 to 135 spaces as cars are still needed for seniors to foster independency and access daily necessities including groceries and appointments. Staff provided a recommendation that if car-sharing or alternative modes of transportation are offered as well as grocery delivery services at no cost to the residents, Planning Staff can support the reduction of required parking spaces. 5.98 The applicant has provided Terms of Agreement for a shuttlebus that operated by Chartwell (i.e., the owner). The shuttlebus is provided at no-cost to residents and takes them to scheduled events, activities, and services including groceries. Residents may also request the shuttlebus to take them to appointments and other services in the area, as needed. 5.99 The applicant has also provided a Terms of Agreement to a partnership between Fitzrovia (i.e., the applicant) and Voila that will provided grocery delivery memberships at no-cost to residents. 5.100 Of the 300 required parking spaces, a minimum of 13 spaces are required to be accessible. Staff are not supportive of a reduction to the minimum requirements of accessible parking spaces. The applicant has proposed 13 accessible spaces. 5.101 The Zoning By-law requires 0.25 visitor spaces per unit. In light of the above-noted existing surplus of parking on the R4-35 zoned portions of the site, and in light of the applicant’s arrangements for shuttling residents/grocery delivery, Planning Staff are of the opinion that a reduction to the total number of visitor spaces required on the R4-36 zoned portion of the site is acceptable. 5.102 Through the submitted TIS and agreements to provide residents with shuttlebus and grocery delivery services at no-cost to residents, the proposed variance to reduce the parking maintains the intent to provide adequate off -street parking and ensure there is access to transportation to meet the daily needs of residents. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 28 5.103 Therefore the proposed redu ction of total number of required parking spaces from 300 to 135, of which a minimum of 112 parking spaces shall be provided and maintained for residential use, and a minimum of 23 parking spaces shall be provided for visitor parking, meets the general intent of Zoning By-law 84-63. Variance #8 – 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 5.104 The intent and purpose of the setback to the outdoor amenity area was to maintain a safe and appropriate distance from the Goodyear plant. At the time the (R4-36) Zone was approved by Clarington Council in 2014, the proposed residential use was a sensitive land use in close proximity to an active industrial use. 5.105 The Goodyear lands are no longer an active industrial use and the lands are slated for development that includes residential uses in both the Clarington Official Plan and Bowmanville East Urban Centre Secondary Plan. 5.106 The proposed variance to permit the outdoor amenity area within 0 metres of the east lot line maintains the intent to situate outdoor amenity space in an appropriate location based on adjacent properties land use. Variance #9 – Reducing the landscaped open space minimum from 35% to 25% 5.107 The intent and purpose of landscaped open space is to provide social benefits from outdoor recreational space as well as environmental benefits including stormwater management and creating greenspaces to support biodiversity. 5.108 The proposed variance to reduce the landscaped open space minimum is to facilitate the provision of surface level parking and proposed built form. 5.109 The applicant is proposing outdoor amenity space at Level 7 of the building as well as the provision of private balconies and terraces at all units. The reduction in landscaped open space maintains the intent of Zoning By-law as it will facilitate the construction of an apartment that provides private outdoor amenity spaces that provide social benefits to residents. Landscaping plans are required as part of the Site Plan Approval process to ensure that the landscaped open space enhances the natural environment. Variance #10 – Increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres 5.110 The intent and purpose of limiting the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building is to mitigate privacy concerns on adjacent properties. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 29 5.111 The proposed increase in the projection does not adversely impact adjacent properties and Staff do not anticipate there to be privacy concerns. The increased projection is to facilitate larger ground floor terraces, which do not create privacy concerns as they are not elevated. For any projections of balconies on other floors, privacy issues are not anticipated as there are large setbacks to existing and proposed residential uses with landscaping features including mature trees providing a buffer between residential properties. 5.112 For the above stated reasons, it is Staff’s opinion that the Minor Variances requested maintains the general intent and purpose of Zoning by-law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.113 The appropriate use of land for the subject lands is a high -rise apartment building. The Municipality of Clarington is in need of additional housing units that are geared towards seniors to promote accessible housing and aging in place. Variance #1 – Increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units 5.114 H ousing geared towards seniors is best located in urban areas which are in close proximity to healthcare, nearby public transportation, and services including grocery stores and commercial developments. As the subject lands are in close proximity to public transportation and Lakeridge Health Bowmanville Hospital, the intensification of the subject lands through increased density is desirable. 5.115 The proposed Phase 2 development is proposed to connect to Phase 1 of Chartwell Bowmanville Creek which supports aging in place and continual care as residents will have greater access to meal services and transitional healthcare services. Variance #2 – Reducing the east lot line yard setback minimum from 29 metres to 3 metres 5.116 The proposed reduction to the east lot line yard setback minimum facilitates appropriate intensification of the subject lands and provides a stronger connectivity of the building to the surrounding area. As the Bowmanville East Secondary Plan envisions the surrounding area to be redeveloped to medium and high density developments surrounding the subject lands with close proximity to transportation infrastructure including identified potential future cycling lanes, siting the building closer to the street edge creates a more transit-oriented development. 5.117 Additionally, the proposed reduction in the east lot line yard setback minimum represents good land use planning. While the (R4-36) zone permits an underground parking garage to be constructed with a 0 metre setback to the east lot line, the proposed building is located on top of the parking garage. This approach maximizes development potential by efficiently utilizing the portion of the site already occupied by the parking structure, thereby promoting a more effective use of the land. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 30 Variance #3 – Reducing the south lot line yard setback minimum from 31 metres to 7.5 metres 5.118 The proposed reduction to the south lot line yard setback minimum makes efficient use of the subject lands to facilitate the construction of a development that can provide more housing units in an urban area of intensification and higher density. 5.119 The zoning permits an underground parking garage 0 metres from the south lot line. The proposed building is located on top of the underground parking garage at the south lot line, demonstrating efficient land use. The development potential is maximized through vertical intensification on a portion of lands that has permissions for development. The vertical development on top of a permitted structure will facilitate an outdoor amenity area for residents to socialize and enjoy offered amenities, in addition to more units of an appropriate size that aligns to housing intensification policies. Variance #4 – Reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres 5.120 The proposed variance to reduce the interior side yard setback minimum within the (R4- 36) Zone for the portion of lands abutting the (R4-35) Zone is desirable for the proposed development as it will facilitate the connection between the Phase 1 and Phase 2 Chartwell Bowmanville Creek buildings if an application for severance for ownership and financing is approved. The connection of the buildings will allow for the movement of Staff and residents between the buildings to access shared amenities and services. Variance #5 – Reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres 5.121 The proposed variance to reduce the interior side yard setback minimum within the (R4- 35) Zone is desirable for the use of the land as it supports the retention of the existing residential use of a retirement home if severance application B2026-0001 is approved and to construct a 223-unit apartment building within the Bowmanville Urban Area. Variance #6 – Increasing the maximum building height from 9 storeys to 10 storeys 5.122 The proposed variance to increase the maximum building height is desirable as it maximizes the permitted heights in the policies. Vertical development represents good land use planning in urban areas and areas of intensification as it allows for the construction of more housing units, utilizes existing infrastructure, and aims to preserve the natural environment by reducing urban sprawl . 5.123 As apartments geared towards seniors is a specific use, the subject lands are an ideal location for the use. The proposed variance maximizes the site’s development potential by locating residents in close proximity to infrastructure and services, such as the downtown Bowmanville shopping area and the Lakeridge Health Bowmanville Hospital both of which are less than one kilometre from the subject lands. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 31 Variance #7 – Reducing the total number of parking spaces required from 300 spaces to 135 spaces 5.124 The proposed variance to reduce the total number of parking spaces is desirable for the use of the land as the subject lands are located in a Priority Intensification Area. The proposed reduction and development seeks to facilitate development that is less car centric and encourages the utilization of active and multi-modal forms of transportation. Due to the proximity to public transportation and the vision of a less car dependent urban centre, the proposed variance is desirable for the land. Variance #8 – 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 5.125 The proposed variance to permit outdoor amenity area within 0 metres of the east lot line is desirable for the development as it provides residents with additional outdoor amenity space that they can utilize and enjoy. 5.126 As the development is geared towards seniors, having outdoor amenity space on the subject lands is desirable as it provides accessible space for residents to socialize, as well as supports independent living and aging in place. Variance #9 – Reducing the landscaped open space minimum from 35% to 25% 5.127 The proposed variance is desirable for the proposed development as it will facilitate surface level parking that is necessary to meet the daily needs of residents. 5.128 The proposed variance also facilitates an appropriately sized apartment building on the lands to meet local housing needs. There are Provincial and local housing targets that the Municipality aims to achieve. The proposed development utilizes existing infrastructure and directs the creation of new residential units within the Bowmanville Urban Area. Variance #10 – Increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres 5.129 The proposed variance to increase the projection is desirable for the development as it increases the provision of private amenity space. As the development is geared towards seniors, larger individual terraces and balconies facilitate aging in place as it reduces the distance to outdoor space, improves mental wellbeing, and creates an accessible living environment. 5.130 It is Staff’s opinion that the Minor Variance required is desirable for the use of land and building as it facilitates the construction of an apartment building within a Priority Intensification Area to meet housing needs of residents. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 32 Minor in Nature 5.131 In determining if the variances are minor, Staff note the test is not simply a question of numbers or a calculation . This concept of "minor" allows for a flexible approach to the test, with the potential impact on the surrounding neighbourhood being measured from a qualitative perspective rather than a quantitative perspective. It is understood each variance will be assessed individually, with interpretations based on the unique circumstances of each application. Variance #1 – Increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 units/suites. 5.132 Increasing density can impact the existing neighbourhood due to impacts on neighbouring properties, increased traffic and noise, as well as straining existing infrastructure and resources. 5.133 In determining if the increase in density is minor in nature for the subject lands, it is Staff’s opinion that the other regulations outlined in the zoning by-law can facilitate an appropriate built form. The (R4-36) Zone has minimum unit size requirements to ensure appropriately sized units are provided to residents. Other zoning regulations including lot coverage, setbacks, and height coupled with the minimum unit size requirements will naturally cap the density of the development. 5.134 Net density is used as a metric to calculate density based on the developable area of a subject site. While the proposed severed lot (X -Reference: B2026-0001) encompassed both the (EP) and (R4-36) Zones, only the lands zoned (R4-36) permit development. The area of the (R4-36) Zone is approximately 0.59 hectares. Number of units refers to the total count of units/suites and does not have regard to the area of the lands. The total number of units proposed is 223-units, with an approximate net density of 378 u nits/suites per net hectare (223-units / 0.59 hectares = 378 units/suites per net hectare). 5.135 Staff are of the opinion that there should be a maximum of 223-units on the lands zoned (R4-36). While there are minimum unit sizes and other restrictions based on the built form, Staff are not in support of the potential to increase the unit count higher than 223- units by potentially decreasing the number of one-bedroom and two-bedroom units or potentially reducing indoor amenity areas, and increasing the total number of units through the provision of an increased number of studio units. 223-units on the subject lands has an approximate den sity per net hectare of 378 units/suites. 5.136 The subject property is subject to Site Plan Control. In obtaining Site Plan Approval, there are amenity requirements as per Clarington’s Amenity Guidelines for Medium and High Density Residences, including specific requirements for outdoor and indoor amenity spaces per unit. The increase in density is minor in nature as through the Site Plan process, the applicant must demonstrate there is sufficient amenity space provided to meet the needs of the residents. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 33 Variance #2 – Reducing the east lot line yard setback minimum from 29 metres to 3 metres 5.137 The proposed reduction to the east lot line yard setback minimum is minor in nature as it does not create adverse impacts of privacy or shadowing for the adjacent properties. The east lot line has frontage onto Queen Avenue. The municipal right-of -way provides an appropriate buffer between proposed high density residential uses on adjacent lands. Variance #3 – Reducing the south lot line yard setback minimum from 31 metres to 7.5 metres 5.138 The proposed reduction to the south lot line yard setback minimum is minor in nature as it does not create adverse impacts of privacy or shadowing on neighbouring properties. The applicant submitted a Shadow Impact Study to demonstrate shadowing impacts on hourly increments for March 21, June 21, September 21, and December 21. The Shadow Impact Study demonstrates that there is no shadowing impacts or loss of sunlight on the residential property to the south. Furthermore, the Shadow Impact Study demonstrated that there is minimal shadowing impacts of the proposed built form to residential properties along Queen Street. Variance #4 – Reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres 5.139 The proposed variance to reduce the interior side yard setback minimum within the (R4- 36) Zone is minor in nature as it is a technical variance required to facilitate the connection of the Phase 1 and Phase 2 of Chartwell Bowmanville Creek, should a severance application (X-Reference: B2026-0001) be approved. The severance proposed is to obtain the necessary financing to facilitate construction. As the Ontario Building Code requires separation of openings between properties, no units are proposed at the 0 metre setback. The variance facilitates a one storey connection that is minor in nature. Variance #5 – Reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres 5.140 The proposed technical variance to reduce the interior side yard setback minimum within the (R4-35) Zone is minor in nature as the purpose is to retain an existing Retirement Home and it will not facilitate any new development on that portion of lands, nor does not have any adverse impacts on the neighbourhood or lands. Variance #6 – Increasing the maximum building height from 9 storeys to 10 storeys 5.141 The proposed variance to increase the building height by one storey is minor in nature as it has minimal sunlight and shadow impacts. Staff do not anticipate any privacy concerns on neighbouring properties. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 34 Variance #7 – Reducing the total number of parking spaces required from 300 spaces to 135 spaces 5.142 Upon department and agency review of submitted reports and studies, it is not anticipated that a reduction in parking will cause traffic issues. There are nearby municipal parking lots and on -street parking available for some overflow, if needed. The proposed variance is minor in nature as adverse traffic impacts are not anticipated. Variance #8 – 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 5.143 There is proposed outdoor amenity spaces at the ground level and on a terrace at Level 7 of the proposed building. The proposed location of the outdoor amenity space has adequate sunlight and does not create shadowing impacts on adjacent properties. 5.144 The provision of outdoor amenity space at the east lot line will enhance the streetscape and both the public and private realms by bringing a more social and active frontage to Queen Avenue. 5.145 The proposed variance to permit outdoor amenity area within 0 metres of the lot line as it does not create adverse impacts on neighbouring properties and enhances the streetscape to make the area a more active and well-connected neighbourhood. Variance #9 – Reducing the landscaped open space minimum from 35% to 25% 5.146 To ensure the 25% of landscaped open space provided is appropriate for the site and development, the review and approval of Landscape Plans is required for Site Plan Approval. The approved drawings will address grading, drainage, and plantings to ensure th e landscaping meets the needs of the residents. 5.147 The proposed variance to reduce landscaped open space is minor in nature as it does not require an increase in lot coverage % and allows for the development potential of the subject lands to be maximized through constructing a 223-unit apartment. Variance #10 – Increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres 5.148 The proposed variance to increase the projection is minor in nature as it provides additional private outdoor space while not decreasing floor area and unit sizes. As the proposed building is maximizing the development potential of the lands through the proposed built form, the projection of the terraces and balconies does not require the building footprint to be expanded to maintain the proposed unit sizes and instead provides floor area exceeding the requirements of the zoning by-law. 5.149 It is Staff’s opinion that the proposal is minor in nature as it does not have a negative impact on the neighbourhood or land, and it is a moderate increase to the permitted provisions of Zoning By-law 84-63. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 35 6. Conclusion 6.1 Based on Staff’s review of the requested Minor Variances, the application maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development or use of land, and is deemed to be minor in nature. 6.2 Given the above comments, Staff recommends that application A2025-0052, for a Minor Varian ce to: i. Section 15.4.36.b.i by increasing the density (maximum) from 185 units/suites per net hectare to 378 units/suites per net hectare to a maximum of 223 dwelling units, ii. to Section 15.4.36.b.ii.a by reducing the east lot line yard setback minimum from 29 metres to 3 metres, iii. Section 15.4.36.b.ii.b by reducing the south lot line yard setback minimum from 31 metres to 7.5 metres, iv. Section 15.4.35.b.ii.b by reducing the interior side yard setback minimum within the (R4-35) Zone to the EP Zone from 10 metres to 3 metres v. Section 15.2.c.ii by reducing the interior side yard setback within the (R4-36) Zone to the lot lines abutting the R4-35 Zone from 7.5 metres to 0 metres, vi. Section 15.4.36.b.iv by increasing the maximum building height from 9 storeys to 10 storeys, vii. 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, viii. Section 15.2.f by reducing the landscaped open space minimum from 35% to 25%, ix. Section 3.1.g.iv by increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres, x. Section 3.16.e by reducing the minimum number of parking spaces required on the subject lands to 135, of which a minimum of 112 parking spaces shall be provided and maintained for residential use, and a minimum of 23 parking spaces shall be provided for visitor parking, be approved, subject to the following condition s: Municipality of Clarington Committee of Adjustment A-2025-0052 Page 36 a. That consent application B2026-0001 be approved. b. Submission to the Secretary-Treasurer of written confirmation that a Geotechnical Study and an Environmental Impact Study that finalize the precise limits of the developable area of the subject lands have been reviewed to the Agency’s satisfaction and to the satisfaction of the Deputy CAO of Planning and Infrastructure. as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and minor in nature. 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. Municipality of Clarington Committee of Adjustment A-2025-0052 Page 37 Attachments Attachment 1: Site Plan Attachment 2: Elevation Showing Terraces Attachment 3: Shadow Impact Study Attachment 4: Clarington Development Engineering Comments Attachment 5: Clarington Building Comments Attachment 6: Clarington Fire & Emergency Services Comments Attachment 7: Durham Region Works Department Comments Attachment 8: Elexicon Comments 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 (Tc) 103. 2 1 (Bc) 103. 0 1 (Bc) 103. 1 3 (Tc) 103. 3 0 (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 9 103. 2 3 (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 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 A M E N I T Y AT L E V 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 9.07 m SETBACK 6.06 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 TO BE REMOVED 103.52 m 99.26 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=108.32 BUILDING HEIGHT =36.83m 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 31. 2 1 m 9.45 m LA N D S C A P E B U F F E R 6.00 m LOADING TRUCK PROPOSED GUARDRAIL 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 A M E N I T Y AT L E V 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 TO BE REMOVED 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=108.32 BUILDING HEIGHT =36.83m OU T D O O R A M E N I T Y AT L E V E L 0 1 LOADING TRUCK PROPOSED GUARDRAIL 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 01 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 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 TE R R A C E A T L E V E L 0 7 TE R R A C E A T L E V E L 0 7 EXISTING RETAINING WALL TO BE REMOVED EXISTING RETAINING WALL TO BE REMOVED EXISTING RETAINING WALL TO BE REMOVED EXISTING RETAINING WALL TO BE REMOVED R 90 M R 90 M 21 . 0 0 m 20.13 m 2.85 m 46. 5 6 m 3.5 2 m 21.00 m 21.60 m 4. 5 9 m 10. 3 5 m 58. 6 8 m 32.26 m 2.85 m 6.02 m 6.46 m 7.84 m 6.00 m 6. 7 0 m 6. 1 0 m 7. 0 7 m REF E R T O L A N D S C A P E D R A W I N G S B Y JAN E T R O S E N B E R G S T U D I O F O R A D D I T I O N A L INF O R M A T I O N O N L A N D S C A P E & R A M P S L O P E S EXI T S T A I R S FRO M L E V E L P 1 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 PARKING LEGEND PHASE 01- RESIDENTIAL SPOTS PHASE 01- STAFF SPOTS PHASE 01- ACCESSIBLE SPOTS PHASE 01- SURPLUS SPOTS PHASE 02- RESIDENTIAL SPOTS PHASE 02- VISITOR SPOTS PHASE 02- RESI. ACCESSIBLE SPOTS PHASE 02- VISITOR ACCESSIBLE SPOTS GENERAL NOTES CONVEX MIRRORS TO BE PROVIDED AT ALL RIGHT ANGLE TURNS POSITIONED IN SUCH A MANNER AS TO PROVIDE MOTORISTS GARAGE ACCESS RAMPS. CONVEX MIRRORS ARE TO BE WITH A CLEAR VIEW OF ONCOMING TRAFFIC. AT ALL RIGHT-ANGLED TURNS AND AT THE BASE OF PARKING ARE TO BE INSTALLED AND MAINTAINED BY THE OWNER(S) CONVEX MIRRORS, IN ADDITION TO THOSE SHOWN ON PLANS 1. COLUMN/ WALL MOUNTED CONVEX MIRROR 2. CEILING MOUNTED CONVEX MIRROR STANDARD PARKING LEGEND DRIVE AISLE 10 0 0 M A X . REGULAR PARKING SPACE 5.7M LENGTH 2.75M WIDTH* 2.4M HEADROOM *0.3M INCREASE ON EACH SIDE OBSTRUCTION MORE THAN 1.0M FROM THE FRONT OR REAR OF THE PARKING SPACE PARKING SPACE DIMENSIONS AS PER MUNICIPALITY OF CLARINGTON ZONING BY-LAW 84-63-AODA AMENDED BY-LAW 2015-062 BARRIER FREE PARKING SPACE 5.7M LENGTH 4.5M WIDTH PAIRED BARRIER FREE PARKING SPACE 3.4M WIDTH - ADJACENT TO 1.5M ACCESS AISLE (SHARED BETWEEN 2 BARRIER FREE SPACES) 2.4M HEADROOM *0.3M INCREASE ON EACH SIDE OBSTRUCTION MORE THAN 1.0M FROM THE FRONT OR REAR OF THE PARKING SPACE PARALLEL PARKING SPACE 7.00M LENGTH 2.75M WIDTH* 2.4M HEADROOM NO PARKING ZONING STRIP PAINTING 10 0 0 M A X . 61 0 0 57 0 0 1100 3400 4500 2750 3400 1500 3400 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. 3/ 2 5 / 2 0 2 6 6 : 1 5 : 4 6 P M 4 SITE PLAN 2513 10/03/25 HPA A-003 105 QUEEN STREET, BOWMANVILLE, ONTARIO HPA BOWMANVILLE CREEK PHASE 02 - SENIORS APARTMENTS 1:250 TRAFFIC NOTES : CAR PARKING TYPES COUNT PHASE 01 - PARKING PHASE 01- ACCESSIBLE SPOTS 4 PHASE 01- RESIDENTIAL SPOTS 32 PHASE 01- STAFF SPOTS 15 PHASE 01- SURPLUS SPOTS 14 PHASE 01 - PARKING: 65 PHASE 02 - PARKING PHASE 02- RESI ACCESSIBLE SPOTS 11 PHASE 02- RESIDENTIAL SPOTS 102 PHASE 02- VISITOR ACCESSIBLE SPOTS 2 PHASE 02- VISITOR SPOTS 21 PHASE 02 - PARKING: 136 TOTAL CAR PARKS (PAHSE 01 + PHASE 02) : 201 No.YYYY-MM-DD Description 3 2025-12-19 ISSUED FOR MINOR VARIANCE 4 2026-03-24 ISSUED FOR SPA LEVEL 1103.52 LEVEL P198.95 LEVEL 2108.32 LEVEL 3111.27 LEVEL 4114.22 LEVEL 5117.17 LEVEL 6120.12 LEVEL 7123.94 LEVEL 8127.94 LEVEL 9130.89 LEVEL 10133.84 LOWER ROOF138.11 28 0 0 18 8 0 42 7 0 29 5 0 29 5 0 40 0 0 38 2 0 29 5 0 29 5 0 29 5 0 29 5 0 48 0 0 45 7 0 BU I L D I N G H E I G H T 36 . 8 3 m ELEV. CONTROL ROOM 139.99 ELEV. CONTROL ROOM ROOF 142.79 PARKING ENTRANCE AVG. LOWER GRADE LVL. 101.28 8. 9 5 m 01 02 03 07 08 09 12 13 02 03 07 11 14 13 07 09 0806 01 01 08 16 15 17 17 17 17 12 06 10 04 05 12 LEVEL 1 103.52 LEVEL P1 98.95 LEVEL 2 108.32 LEVEL 3 111.27 LEVEL 4 114.22 LEVEL 5 117.17 LEVEL 6 120.12 LEVEL 7 123.94 LEVEL 8 127.94 LEVEL 9 130.89 LEVEL 10 133.84 LOWER ROOF 138.11 ELEV. CONTROL ROOM 139.99 ELEV. CONTROL ROOM ROOF 142.79 28 0 0 18 8 0 42 7 0 29 5 0 29 5 0 40 0 0 38 2 0 29 5 0 29 5 0 29 5 0 29 5 0 48 0 0 45 7 0 BU I L D I N G H E I G H T 36 . 8 3 m AVG. LOWER GRADE LVL. 101.28 07 08 02 03 13 12 01 03 07 13 06 03 15 01 13 03 06 17 12 ARCHITECTSHARIRI PONTARINI235 Carlaw AvenueSuite 301Toronto, Canada M4M 2S1tel 416 929 4901fax 416 929 8924info@hp-arch.comhariripontarini.com NORTH 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. 3/ 2 5 / 2 0 2 6 1 0 : 4 8 : 5 9 A M 4 ELEVATIONS 2513 10/03/25 HPA A-401 105 QUEEN STREET, BOWMANVILLE, ONTARIO HPA BOWMANVILLE CREEK PHASE 02 - SENIORS APARTMENTS 1 : 150A-401 EAST ELEVATION1 1 : 150A-401 SOUTH ELEVATION2 No.YYYY-MM-DD Description 3 2025-12-19 ISSUED FOR MINOR VARIANCE 4 2026-03-24 ISSUED FOR SPA MATERIAL LEGEND 01 Brick Pier (Hand laid - Copperstone by IXL) 02 Window Wall - Vision Panel (IGU) 03 Window Wall - Spandrel Panel (Monolithic) 04 Window Wall - Operable Window (IGU) 05 Window Wall - Swing Door (Tempered IGU) 06 Window Wall - Louver Panel (Duranar Bronze) 07 Window Wall - Metal Panel (Duranar Bronze) 08 Window Wall - Vertical Fin (Duranar Bronze) 09 Window Wall - Mullion (Duranar Bronze) 10 Brick Pier Base (Stone) 11 Canopy Soffit (Wood textured Metal Panel) 12 Balcony Guardrail (Metal picket) 13 Balcony Guardrail (Tempered Glass - Frit) 14 Below Grade Finish (Stone Clad) 15 Balcony Divider Screen (Acid Etched) 16 Juliet Guardrail (Tempered Glass - Frit) 17 Exterior Wall Assembly (Metal Siding) MATERIALS 01 BRICK PIER HAND LAID BRICK - COPPERSTONE 02,04,05 WINDOW WALL VISION PANEL (IGU) 03 WINDOW WALL SPANDREL PANEL (MONOLITHIC) 06,07,08,09 METAL PANEL DURANAR BRONZE 10 BRICK PIER BASE STONE 11 CANOPY SOFFIT WOOD TEXTURED METAL PANEL 13,16 BALCONY GUARDRAIL TEMPERED GLASS FRIT 14 BELOW GRADE CLAD STONE 15 BALCONY DIVIDER SCREEN CLEAR ACID ETCHED GLASS 17 FASCIA METAL SIDING 1:150 MARCH 21 BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 3 March 21 8:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 4 March 21 9:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 5 March 21 10:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 6 March 21 11:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 7 March 21 12:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 8 March 21 1:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 9 March 21 2:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 10 March 21 3:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 11 March 21 4:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 12 March 21 5:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 13 March 21 6:18 PM Proposed Building Legend: JUNE 21 BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 15 June 21 8:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 16 June 21 9:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 17 June 21 10:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 18 June 21 11:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 19 June 21 12:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 20 June 21 1:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 21 June 21 2:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 22 June 21 3:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 23 June 21 4:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 24 June 21 5:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 25 June 21 6:18 PM Proposed Building Legend: SEPT 21 BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 27 September 21 8:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 28 September 21 9:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 29 September 21 10:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 30 September 21 11:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 31 September 21 12:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 32 September 21 1:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 33 September 21 2:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 34 September 21 3:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 35 September 21 4:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 36 September 21 5:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 37 September 21 6:18 PM Proposed Building Legend: DEC 21 BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 39 December 21 8:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 40 December 21 9:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 41 Decemberv 21 10:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 42 December 21 11:18 AM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 43 December 21 12:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 44 December 21 1:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 45 December 21 2:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 46 December 21 3:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 47 December 21 4:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 48 December 21 5:18 PM Proposed Building Legend: BOWMANVILLE CREEK PHASE 02- SENIOR APARTMENTS | 105 QUEEN STREET, BOWMANVILLE, ON 49 December 21 6:18 PM Proposed Building Legend: 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% by increasing the projection of balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; from 1.5 metres to 4.5 metres. Development Engineering has reviewed the above-noted application and has no objections. If you have any questions regarding the above-noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering KR/JA To: Ainsley Johnston, Planner I From: Karen Richardson, Manager of Development Engineering Date: May 25, 2026. Subject: Minor Variance Application A2025-0052 File: Applicant: Greg Gilbert c/o Fitzrovia Address: 105 Queen Street, Bowmanville From:Brendan Grigg To:Committee of Adjustment (SM) Subject:Re: B-2026-0001: 105 Queen Street Agency Circulation for May 28, 2026 Committee of Adjustment Meeting Date:May 12, 2026 11:16:24 AM Attachments:image001.png Hello, This was not assigned to me in AMANDA. Below are my comments. The existing south elevation has window and door openings. Moving the lot line to 0m would not be in conformance with OBC for Limiting Distance/Spatial separation. The proposed building at a 3m distance from the proposed property lot line will have to ensure the Limiting Distance and Spatial separation requirements are met. 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 From:Grant Young To:Committee of Adjustment (SM) Subject:Re: 2026-C-Misc5 (A-2025-0052) - 105 Queen Street, Clarington - Regional Works Comments Date:May 11, 2026 1:55:25 PM Attachments:Outlook-A picture Outlook-Facebook i.png Outlook-LinkedIn i.png Outlook-Twitter ic.png Outlook-YouTube ic.png Outlook-A picture Outlook-Facebook i.png Outlook-LinkedIn i.png Outlook-Twitter ic.png Outlook-YouTube ic.png EXTERNAL Hello, Following the updated circulation we are emailing to confirm that we still have no objection or conditions to be imposed upon the further processing of these minor variance applications. 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 From: Grant Young Sent: Tuesday, February 17, 2026 10:48 AM To: Committee of Adjustment (SM) <cofa@clarington.net> Subject: 2026-C-Misc5 (A-2025-0052) - 105 Queen Street, Clarington - Regional Works Comments 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. EE ref.: 2026DA050504 Municipality of Clarington Date: 2026-05-05 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attn.: Elissa Kelloway RE: Site/Development Application File # B-2026-0052 Fitzrovia Real Estate Inc. obo, CSH (Bowmanville) Inc. 105 Queen Street, Bowmanville EE ref.: 2026DA050504 Further to the referenced File # B-2026-0052 subject to the caveats set out in this letter, Elexicon Energy Inc. has no objection to the proposed Site Plan Application to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a 223-unit apartment geared towards seniors For a high-level overview of capacity availability within the respective area, we strongly recommend that the applicant or its authorized representative refer to the following link : https://elexiconenergy.com/contractors-developers/resources/distribution-system-capacity-map# Additionally, applicant or its authorized representative to submit a connection application to dservices@elexiconenergy.com. at the earliest opportunity to facilitate timely processing. The applicant or its authorized representative shall consult with Elexicon Energy Inc. concerning the availability of supply voltage, service location, metering, costs and any other details. These requirements are separate from and in addition to those of the ESA. Elexicon Energy Inc. will confirm the characteristics of the available electrical supply and will designate the location of the supply point to the applicant. Elexicon Energy Inc. will also identify the costs that the applicant will be responsible for. In some cases, an expansion of Elexicon’s distribution system (as such term is defined in the Distribution System Code issued by the Ontario Energy Board) will be required in order to be able to connect the customer to Elexicon’s distribution system. When an expansion is necessary, the Distribution System Code requires that a distributor perform an economic evaluation to determine if the future revenue from the customer(s) will pay for the capital cost and on-going maintenance costs of the expansion project. If a shortfall between the present value of the projected costs and revenues is calculated, the distributor may propose to collect all or a portion of that amount from the customer(s). The evaluation is basically a discounted cash flow calculation that brings all costs and revenues to their net present values. This model, in general, follows the methodology, the set of common elements and related assumptions provided in Appendix B of the Distribution System Code. Elexicon will provide an Offer to Connect once an official request for electric services is received. EE ref.: 2026DA050504 The applicant or its authorized representative shall apply for new or upgraded electric services and temporary power service in writing. The applicant is required to provide Elexicon Energy Inc. with sufficient lead-time in order to ensure: a) The timely provision of supply to new and upgraded premises; and/or b) The availability of adequate capacity for additional loads to be connected in the existing premises For all future applications and related correspondences kindly forward digital copies to: DevelopmentApplications@elexiconenergy.com Please note that the conditions and statements set out in this letter are subject to change at Elexicon’s sole and absolute discretion based on future demand, supply availability, and other relevant factors existing at the time of a customer’s application. Yours truly, Elexicon Energy Inc. Usman Khan P.Eng., M.Eng. Supervisor, Load Forecasting & Stations Planning Planning and Infrastructure Services Committee of Adjustment Minor Variance Summary of Comments Submitted A-2026 -0004 8629 Dawson Road, C larke, ON Municipal Departments / External Agencies Comment attachment 1 attachment 2 attachment 3 attachment 4 Municipality of Clarington Committee of Adjustment A-2026-0004 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: May 28, 2026 File Number: A-2026-0004 Address: 8629 D awson R oad, C larke, ON Report Subject: A minor variance application to facilitate the construction of a detached accessory building by increasing the total maximum floor area from 120 square metres to 140 square metres and by increasing the maximum permitted height from 5 metres to 5.13 metres. Recommendations: 1. That the Report for Minor Variance Application A2026-0004 be received; 2. That all written comments and verbal submissions are considered in the deliberation of this application; 3. That application A2026-0004 for a Minor Variance to Section 4.1.3 to facilitate the construction of a detached accessory building by increasing the total maximum floor area from 120 square metres to 140 square metres and by increasing the maximum permitted height from 5 metres to 5.13 metres be approved, as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law 2005-109, is desirable for the appropriate development or use of the land and is 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-2026-0004 Page 3 1. Application Details 1.1 Owner: 1.2 Applicant: Lonny Gibson on behalf of Hull Drafting & Development construction of a detached accessory building by increasing the total maximum floor area from 120 square metres to 140 square metres and by increasing the maximum permitted height from 5 metres to 5.13 metres. Zone (NC) and Natural Linkage Zone (NL) within Zoning By-Law 2005-109 Designation: and Natural Core Area 1.8 Water, Sewage and Storm Servicing: Private Servicing Municipality of Clarington Committee of Adjustment A-2026-0004 Page 4 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2026-0004 Page 5 2. Background 2.1 On January 26, 2026, Planning Staff received an application for a Minor Variance from the applicant of 8629 Dawson Road, Clarke. 2.2 The Committee voted to table this minor variance application at the March 26, 2026, Committee of Adjustment hearing due to the owner/applicant’s absence. The applicant has paid the required re-tabling fee for this application. 2.3 The proposed minor variance seeks to facilitate the construction of a detached accessory building by increasing the total maximum floor area from 120 square metres to 140 square metres and by increasing the maximum permitted height from 5 metres to 5.13 metres (See Attachment 5). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located east of Highway 35/115 and north of Concession Road 8 (See Figure 1). The subject property has an approximate lot area of 76.63 h ectares (189.36 acres). 3.2 The surrounding uses are as follows: a. South – Agricultural lands with a single detached dwelling b. North – Woodlands c. East – Vacant w oodlands d. West – Vacant agricultural l ands 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 60m of the subject site. 4.2 At the time of writing this report, staff have not received any inquiries regarding this proposal. 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 Within the Clarington Official Plan, the subject property is designated “Environmental Protection Areas”, "Natural Linkage Area", and "Natural Core Area". The proposed detached accessory building will be situated within the “Natural Linkage Area” designated area, wh ich will have minimal impact on the natural environment. Municipality of Clarington Committee of Adjustment A-2026-0004 Page 6 For the proposed detached accessory building, no tree removal is proposed and no connection to private servicing proposed. As a result, the detached accessory building is expected to have minimal impact on the subject property. 5.2 It is Staff’s opinion that the proposal meets the intent and purpose of the Clarington Official Plan. Maintain the general intent and purpose the Zoning By-law 2005-109 5.3 Within Zoning By-law 2005-109, the subject property is zoned “Environmental Protection (EP) Zone", "Natural Linkage (NL) Zone", and "Natural Core (NC) Zone". 5.4 Since the permission to construct a single detached dwelling existed before and on November 15, 2001, the proposed detached accessory building is permitted to be built on the property. The proposed detached accessory building is subject to the Open Space zoning regulations in Section 4.1.3 of Zoning By-law 2005-109. 5.5 The intent of the Zoning By-law restricting height of accessory buildings is to ensure that the building remains accessory to the principal residential dwelling. It is also to prevent the building’s mass from overwhelming the entire property on which it is located or the neighbouring properties. The increase in building height from 5 metres to 5.13 metres will not create privacy concerns and will not negatively impact the subject property or neighbouring properties since the entire property is screened by mature trees and vegetation and the proposed accessory building is well setback of approximately 40 metres from the road. 5.6 The second variance is to increase the maximum permitted total accessory floor area from 120 square metres to 140 square metres. The intent of limiting the maximum total accessory floor area for an accessory building is to ensure that there are no negative or adverse impacts on adjacent properties and that the accessory building remains secondary to the principal use of the lands. Given the size of the property being approximately 76.63 Hectares (189.36 acres), it is anticipated that there will be no negative or adverse impacts on adjacent properties and based on the proposal no concerns are anticipated with the lot coverage, yard setbacks or landscaped open space area. 5.7 For the above stated reasons, it is Staff’s opinion that the application meets the intent and purpose of Zoning By-law 2005-109. Desirable for the appropriate development or use of the land, building or structure 5.8 The proposed accessory building will allow the owner to store personal items and automotives within a wholly enclosed structure, which will help the property maintain good property standards. The proposal would not have a significant adverse impact on the surrounding properties or the public realm as it would be located approximately 160 metres from the nearest neighbouring dwellin g. Municipality of Clarington Committee of Adjustment A-2026-0004 Page 7 5.9 The proposed detached accessory building will be screened from view by existing mature trees on the property. It will be located to the north of the principal dwelling, and the development is expected to have minimal impact on the surrounding neighbouring properties. 5.10 For the above stated reasons, it is S taff’s opinion that the minor variance requested is desirable for the residential use of the land and building. Minor in Nature 5.11 The proposed accessory building will have no effect on neighbouring properties, as there are no nearby residential dwellings in close proximity to the proposed accessory buildin g. The proposed accessory buildin g will be screened with mature trees and vegetation , which will provide ample amount of privacy. The proposed location is preferable as it minimizes the impact of the structure’s size on adjacent properties and the natural environment. 5.12 For the above stated reasons, it is staff’s opinion that the proposed increase of the maximum permitted total floor area and maximum permitted height is minor in nature. 6. Conclusion 6.1 Given the above comments, staff recommend approval of the application for a Minor Variance to Section 4.1.3 to facilitate the construction of a detached accessory building by increasing the total maximum floor area from 120 square metres to 140 square metres and by increasing the maximum permitted height from 5 metres to 5.13 metres be approved, as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law 2005-109, is desirable for the appropriate development or use of th e land and is minor in nature. Submitted by: Akibul Hoque Acting Secretary-Treasurer Committee of Adjustment Municipality of Clarington Municipality of Clarington Committee of Adjustment A-2026-0004 Page 8 Concurrence: This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahoque@clarington.net. Attachments: Attachment 1: Building Division Comments Attachment 2: Development Engineering Division Comments Attachment 3: Fire and Emergency Services Department Comments Attachment 4: Ganaraska Region Conservation Authority Comments Attachment 5: Site Plan Interested Parties: The following interested parties will be notified of Committee's decision: Raul Nobrega Lonny Gibson From: Brendan Grigg <BGrigg@clarington.net> Sent: Thursday, March 19, 2026 11:28 AM To: Akibul Hoque <AHoque@clarington.net> Subject: Re: Minor Variance Comments Required, A2026-0004: 8629 Dawson Road, Clarke Hello, Buildings comments are that a building permit is required for the proposed building 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 From: Akibul Hoque <AHoque@clarington.net> Sent: Monday, March 2, 2026 2:39 PM To: Brendan Grigg <BGrigg@clarington.net>; Jeff Norris <JNorris@clarington.net>; Development Engineering Division <Development@clarington.net> Cc: Committee of Adjustment (SM) <CofA@clarington.net>; Sarah Gattie <SGattie@clarington.net>; Elissa Kelloway <ekelloway@clarington.net> Subject: Minor Variance Comments Required, A2026-0004: 8629 Dawson Road, Clarke Hello, A minor variance application (A-2026-0004) is being presented on March 26, 2026, to the Committee of Adjustment. Documents regarding this application can be found at this link: A2026-0004 (8629 Dawson Road, Clarke). Further, attached is the circulation sheet. Your comments must be received no later than March 18, 2026, or it will be assumed that your department or agency has no comments on this application. Please send your comments to CofA@clarington.net. Please let me know if you have any questions. Best, Akibul Hoque Planner I, Development Review Planning and Infrastructure Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2418 | 1-800-563-1195 Clarington Website 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 a detached accessory building by increasing the total maximum floor area from 120 square metres to 140 square metres and by increasing the maximum permitted height from 5 metres to 5.13 metres. Development Engineering has reviewed the above-noted application. We have no objection to this proposal. At building permit stage, the following comments must be addressed: • Access to the proposed garage must be provided from the existing driveway from the Dawson Road and shown on the Site Plan. • The proposed structure shall not affect adjacent property’s grading or drainage. • Grading plan will be required as part of the building permit. Review Section 800 of the Municipality of Clarington Engineering Design Guidelines for a more fulsome list of requirements for Grading Plan submissions. 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. on behalf of Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services MM/AKA To: From: Mina Mehran on behalf of Karen Richardson, Manager of Development Engineering March 09, 2026 Minor Variance Application A2026-0004 Applicant: Lonny Gibson on behalf of Hull Drafting and Development. Address: 8629 Dawson Road, Clarke 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: Mar 03, 2026 Subject: EFS Review Complete File: A-2026-0004 From:Committee of Adjustment (SM) To:"Ken Thajer"; Committee of Adjustment (SM); Brendan Grigg; Jeff Norris; Akibul Hoque Cc:Joanne May Subject:RE: A-2026-0004: 8629 Dawson Road - Agency Circulation for May 28, 2026 Committee of Adjustment Meeting Date:April 27, 2026 11:52:00 AM Attachments:image002.png image003.png image004.png Good morning, Thank you for your comments. Please note they have been saved to the file. Thank you, Elissa Kelloway (she/her) Development Application Coordinator Development Review Planning and Infrastructure Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2430 | 1-800-563-1195 www.clarington.net From: Ken Thajer <kthajer@grca.on.ca> Sent: April 27, 2026 11:40 AM To: Committee of Adjustment (SM) <CofA@clarington.net>; Brendan Grigg <BGrigg@clarington.net>; Jeff Norris <JNorris@clarington.net>; Akibul Hoque <AHoque@clarington.net> Cc: Joanne May <jmay@grca.on.ca> Subject: A-2026-0004: 8629 Dawson Road - Agency Circulation for May 28, 2026 Committee of Adjustment Meeting EXTERNAL Re: Minor Variance Application File: A2026-0004 Address: 8629 Dawson Road, Clarke Applicant: Lonny Gibson on behalf of Hull Drafting & Development The Ganaraska Region Conservation Authority (GRCA) is in receipt of a minor variance application to facilitate the construction of a detached accessory building by increasing the total maximum floor area from 120 square metres to 140 square metres and by increasing the maximum permitted height from 5 metres to 5.13 metres. The subject property does contain GRCA regulated area, however, the proposed accessory building is not within this area. On this basis, GRCA has no objection to the approval of the minor variance. Furthermore, a permit from the Authority is not required for the development proposed. Let me know if you have any questions. Regards, Ken Thajer, MCIP, RPP Planning & Regulations Coordinator “Clean Water Healthy Lands for Healthy Communities” 2216 County Road 28 Port Hope, ON L1A 3V8 B: (905) 885-8173 ext. 245 C: (905) 269-9265 kthajer@grca.on.ca / www.grca.on.ca site plan scale: 1/16" = 1'-0" information from as supplied by owner 8629 dawson rd. exist 2 storey dwelling proposed garage 30'-0" x 50'-0" single storey garage 19.68 ft (6.0 m) 55 . 0 f t ( 1 6 . 7 6 m ) exist gravel driveway 19.68 ft (6.0 m) HULL DRAFTING & DEVELOPMENT Specializing in: ·Commercial, Industrial and Residential Drafting ·Official Plan Amendments ·Site Plan Agreements ·Rezoning Phone: 905-728-4848 (office) 905-922-8885 (cell) Email: 2hulldrafting@gmail.com 1/16" - 1'-0" or as notedL.G. drawn date scale file no dwg no -preliminary drawings january 2026 three of three detached garage at 8629 dawson road orono Planning and Infrastructure Services Committee of Adjustment Minor Variance Summary of Comments Submitted A-2026-0011 2208 Regional Road 3, Enniskillen Municipal Departments / External Agencies Comment Municipality of Clarington Committee of Adjustment A-2026-0011 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: May 28, 2026 File Number: A-2026-0011 Address: 2208 Regional Road 3, Enniskillen Report Subject: A minor variance application to facilitate the construction of a detached garage by increasing the maximum total accessory floor area from 90 square metres to 211 square metres. Recommendations: 1. That the Report for Minor Variance Application A-2026-0011 be received. 1.1. That all written comments and verbal submissions are considered in the deliberation of this application . 1.2. That application A-2026-0011 for a Minor Variance to Section 3.1.c. of Zoning By- law 84-63 to facilitate the construction of a detached garage by increasing the maximum total accessory floor area from 90 square metres to 211 square metres be approved as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. 2. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A-2026-0011 Page 3 1. Application Details 1.1 Owner: Tyler Betts 1.2 Applicant: Tyler Betts 1.3 Proposal: A minor variance application to facilitate the construction of a detached garage by increasing the maximum total accessory floor area from 90 square metres to 211 square metres. (RH-3) within Zoning By-law 84-63 Plan Designation: Hamlet 1.8 Water, Sewage and Storm Servicing: Municipal Municipality of Clarington Committee of Adjustment A-2026-0011 Page 4 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2026-0011 Page 5 2. Background 2.1 The applicant scheduled a pre-consultation meeting to discuss a potential rezoning of the subject property. On February 11, 2026, Staff advised the applicant that a rezoning application was not required to permit the proposed detached garage within the Environmental Protection (EP) Zone, and the pre-consultation meeting was subsequently cancelled. 2.2 The subject property was created through consent applications LD078/1987, LD079/1987, and LD080/1987 in 1987, resulting in the creation of three lots (Plan 10R - 2659). At the time of lot creation, the lot boundaries were established outside the Natural Heritage System/Environmental Protection area. In addition, the applicant was advised that the Municipality approved a building permit allowing for the existing single- family dwelling to be constructed within the EP Zone in 1988. The Municipality approved a building permit for the attached garage, also located within the EP Zone in 2013. 2.3 On April 10, 2026, Planning Staff received an application for minor variance from the owner of 2208 Regional Road 3. The minor variance application is to facilitate the construction of a detached garage by increasing the maximum total accessory floor area from 90 square metres to 211 square metres. (See Attachment 1). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 2208 Regional Road 3 in Enniskillen. (See Figure 1). The property’s lot area is approximately 1.98 acres (0.8 hectares) in size, with an approximate lot frontage of 45 metres on Regional Road 3 and an approximate lot depth of 177 metres. 3.2 The surrounding uses are as follows: a. South – Environmental Protection lands b. North – Existing Single Detached Dwelling c. East – Existing Single Detached Dwelling; and, d. West – Existing Single Detached Dwelling 4. Public Notice and Submissions 4.1 Pursuant to the requirements of th e 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 60m of the subject site. 4.2 At the time of writing this report, Staff had received no inquiries from members of the public. Municipality of Clarington Committee of Adjustment A-2026-0011 Page 6 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The Clarington Official Plan designates the subject property as Hamlet (a designation that postdates the zoning by-law schedule) and identifies the land surrounding 2208, 2214, and 2220 Regional Road 3 as Environmental Protection Area. 5.2 The proposed variance to increase the maximum (permitted) floor area of the proposed garage maintains the intent of the “Hamlet” land use designation in Clarington’s Official Plan as it maintains a suitable (rural) residential sized lot and dwelling type that is consistent with the parcel fabric of the neighbourhood. 5.3 It is Staff’s opinion that the proposal maintains the general intent and purpose of the Official Plan. Maintain the general intent and purpose of Zoning By-law 84-63 5.4 The subject property is zoned Environmental Protection (EP) and Residential Hamlet Exception (RH-3) within Zoning By-Law 84-63. 5.5 Since the lot is less than 2 hectares, the maximum permitted floor area for accessory structures is 90 square metres or 10 percent of the lot, whichever is less. The purpose of this provision is to limit the size of accessory structures to ensure they remain subordinate to the principal dwelling on the lot. Limiting the floor area of accessory structures prevents excessive lot coverage, reduces overcrowding of structures on the lot, preserves green space, and prevents unauthorized dwelling units from being constructed. 5.6 The total accessory floor area for all accessory structures will be 211 square meters, in comparison to the floor area of the existing house, which is 301 square metres. Therefore, the proposed detached garage is secondary to the existing dwelling in size. 5.7 Additionally, the proposed detached garage does not result in excessive lot coverage, as it accounts for only 6% of the property, ensuring that the site is not overcrowded with structures. 5.8 For the above stated reasons, it is Staff’s opinion that the application maintains the general intent and purpose of Zoning by-law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.9 The detached garage is desirable for the use of the land as it maintains the residential permitted use of the subject property. The proposed variance to increase the total accessory floor area is appropriate for the proposed residential developmen t. Municipality of Clarington Committee of Adjustment A-2026-0011 Page 7 5.10 Furthermore, the proposed detached garage will be located at the north east side of the property. The neighbouring properties are screened by mature vegetation and trees. The proposed location is preferable as it minimizes the visual impact of the structure on adjacent properties. 5.11 It is Staff’s opinion that the proposal is desirable for the development and use of land, building and structures. Minor in Nature 5.12 The proposed detached garage can accommodate all required parking for the principal dwelling, does not create any adverse impacts on neighbouring properties, and maintains the required setbacks, landscaping provisions, and lot coverage. The applicant is required to ensure there are no grading or drainage impacts to the adjacent property and will submit a grading plan as part of the building permit application. 5.13 The proposed detached garage will have a floor area of 178 square metres, with the proposed variance accommodating total accessory structures floor area to 211 square metres which are permitted. The total lot coverage for the proposed accessory structure is 6.38%, with the permitted maximum 10% lot coverage for all accessory structures. The proposed development does not require any additional variances to the zoning such as setbacks, lot coverage, and landscaping provisions. 5.14 It is Staff’s opinion that the proposal is minor in nature as it does not significantly change the use of the land, and it is a moderate increase to the permitted provisions of the zoning by-law to allow . 6. Conclusion 7.1 Given the above comments, staff recommends approval of the application for a Minor Variance to facilitate the construction of a detached garage by increasing the maximum total accessory floor area from 90 square metres to 211 square metres. Submitted by: Nicklaus Gibson Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Municipality of Clarington Committee of Adjustment A-2026-0011 Page 8 Concurrence: This report has been reviewed by Sarah Parish , MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Nicklaus Gibson, Planner I, (905) 623-3379 x2408 or NGibson@clarington.net Attachments Attachment 1: Site Plan Attachment 2: Central Lake Ontario Conservation Authority Letter Attachment 3: Development Engineering Comments Attachment 4: Building Division Comments site plan information from as supplied by owner scale 1/64" = 1'-0" ex 5 8 4 . 0 2 f t ( 1 7 8 . 0 1 m ) 148.44 ft (4 5 . 2 4 m ) regional rd 3 existing paved driveway exist shared a c c e s s ex 5 8 4 . 0 2 f t ( 1 7 8 . 0 1 m ) 148.44 ft (45 . 2 4 m ) existing single family dwelling exist gazebo (to remain) exist pool house (to remain) exist shed (to be removed) proposed 32'-0" x 60'-0" garage 15.0 ft (4.57 m) 15.0 ft (4.57 m) 100.44 ft (30.91 m) 100.44 ft (30.91 m) 10 8 . 7 5 f t (3 3 . 1 5 m ) 11 2 . 8 3 f t (3 4 . 3 9 m ) 75 . 0 f t (2 2 . 8 6 m ) area of lot 86220 ft² (8009.8 m²) area of exist house 3244 ft² (301.4 m²) area of exist gazebo 200 ft² (18.58 m²) area of exist pool house 144 ft² (13.38 m²) area of prposed garage 1920 ft² (178.37 m²) total lot coverage 5508 ft² (6.38%) total area of accessory structures 2264 ft² (210.33 m²) removed) proposed 32'-0" x 60'-0" garage 15.0 ft (4.57 m) 15.0 ft (4.57 m) 100.44 ft (30.91 m) 100.44 ft (30.91 m) 75 . 0 f t (2 2 . 8 6 m ) to h o u s e 10 8 . 7 5 f t (3 3 . 1 5 m ) 11 2 . 8 3 f t (3 4 . 3 9 m ) scale 1/32" = 1'-0" HULL DRAFTING & DEVELOPMENT Specializing in: ·Commercial, Industrial and Residential Drafting ·Official Plan Amendments ·Site Plan Agreements ·Rezoning Phone: 905-728-4848 (office) 905-922-8885 (cell) Email: 2hulldrafting@gmail.com 3/16" - 1'-0" or as notedL.G. drawn date scale file no dwg no proposed detached garage at 2208 regional road 3 enniskillen -site plan april 2026 four of four Existing Well Existing Septic Existing Septic 100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM Healthy watersheds for today and tomorrow. May 13, 2026 Committee of Adjustment Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 Attention: Nicklaus Gibson, Acting Secretary/Treasurer, Committee of Adjustment Dear Mr. Gibson Subject: Re: Minor Variance Application A-2026-0011 2208 Regional Road 3, Enniskillen Applicant: Tyler Betts CLOCA File No.: PVOG407 Purpose of Application: Minor Variance to facilitate a detached garage in the rear yard of the subject property. 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. As per our mapping, the property is located within CLOCA regulation boundaries and is subject to Ontario permitting requirements under the Regulation 41/24. Existing Conditions The subject property does not contain environmental features; however, a regulated water course (Headwater Drainage Feature) abuts the property on the north side. • As per our mapping, the subject property is within the Bowmanville Creek valley system. The subject property was created through consent in 1987. At the time of the lot creation, the lot boundaries were established outside the Natural Heritage System / Environmental Protection area identified at the time. • The Clarington Official Plan designates the subject property as Residential Hamlet (a designation that post dates the zoning by-law EP schedule). • The interpretation the Municipality applied to this property is that the Official Plan designation (post-dating the zoning by-law) provides the most accurate representation of land use and the approximate Environmental Protection limits; therefore, the EP zone boundary is understood to align with the Official Plan land use designation. Recommendation CLOCA has no objection to the proposed variance to facilitate the construction of garage; however, we provide the below recommendation: Although the slope on the north side of the existing house, where the garage has been proposed, is less than 3-1, we recommend the footprint of the garage be located at the closest distance possible from the existing paved driveway in a Page | 2 Healthy watersheds for today and tomorrow. way that the maximum distance from the steeper slopes on the north side and west sides could be applied and the amount of site alteration be optimized. Please note that a CLOCA permit would be required to be acquired from our office prior to any construction activity associated with this garage. 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, PhD RPP MCIP Development Planner 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 a detached garage by increasing the maximum total accessory floor area from 90 square meters to 211 square meters. Development Engineering has reviewed the above -noted application. We have no objection to this proposal. At building permit stage, the following comments must be addressed: • Access to the proposed garage must be provided via the existing driveway connecting to the shared access driveway. • The proposed structure shall not affect adjacent property’s grading or drainage. • Grading plan will be required as part of the building permit. Review Section 800 of the Municipality of Clarington Engineering Design Guidelines for a more fulsome list of requirements for Grading Plan submissions. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA To: Nicklaus Gibson, Planner I From: Karen Richardson, Manager of Development Engineering Date: April 29, 2026. Subject: Minor Variance Application A2026-0011 File: Applicant: Tyler Betts. Address: 2208 Regional Road 3, Enniskillen The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 www.clarington.net1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Planning and Infrastructure Services From: Planning and Infrastructure Services - Building Date: May 14, 2026 Subject: Planning - Building Division Review Complete File: A-2026-0011 This memo is to provide comments from the Clarington Building Division, regarding the above noted file. The review has been completed and the below comments have been made regarding it: A building permit is required for the proposed building Regards, Brendan Grigg Deputy Chief Building Official/Supervisor of Building Planning and Infrastructure Services - Building BGrigg@Clarington.net (905) 623-3379 e 2313 Planning and Infrastructure Services Committee of Adjustment Minor Variance Summary of Comments Submitted A-2026-0012 2030 Morgans Road, Clarington Municipal Departments / External Agencies Comment Municipality of Clarington Committee of Adjustment A-2026-0012 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: May 28, 2026 File Number: A-2026-0012 Address: 2030 Morgans Road, Clarington Report Subject: A minor variance application to facilitate the construction of a greenhouse by increasing the maximum permitted lot coverage for non -residential uses from 5% to 13.6%. Recommendations: 1.1. That the Report for Minor Variance Application A-2026-0012 be received. 1.2. That all written comments and verbal submissions are considered in the deliberation of this application . 1.3. That application A-2026-0012 for a minor variance to Section 6.3 d. by facilitating the construction of a greenhouse by increasing the maximum permitted lot coverage for non -residential uses from 5% to 13.6% be approved as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. 1. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A-2026-0012 Page 3 1. Application Details 1.1 Owner: Christopher Boekee 1.2 Applicant: Lisa Klets 1.3 Proposal: A minor variance application to facilitate the construction of a greenhouse by increasing the maximum permitted lot coverage for non -residential uses from 5% to 13.6%. Plan Designation: Environmental Protection, Rural 1.8 Water, Sewage and Storm Servicing: Municipal Municipality of Clarington Committee of Adjustment A-2026-0012 Page 4 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2026-0012 Page 5 2. Background 2.1 On April 8, 2026, Planning Staff received an application for minor variance from the applicant for 2030 Morgans Road. The minor variance application is to facilitate the construction of a greenhouse by increasing the maximum permitted lot coverage for non -residential uses from 5% to 13.6% (See Attachment 1). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 2030 Morgans Road in Clarington. (See Figure 1). The property’s lot area is approximately 7.44 acres (3.01 hectares) in size, with an approximate depth of 406 metres and an approximate lot frontage of 74 metres on Morgans Road. 3.2 The surrounding uses are as follows: a. South – Agricultural Lands b. North – Existing Single Detached Dwelling c. East – Existing Single Detached Dwelling; and, d. West – Existing Single Detached 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 60m of the subject site. 4.2 At the time of the writing of this report, Staff had received no inquiries from members of the public. 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated as Environmental Protection and Rural within Clarington’s Official Plan. 5.2 The proposed minor variance is intended to facilitate the development of a greenhouse that will allow the property owner to extend the growing season to support the property’s primary agricultural function. The development will result in more efficient agricultural production, which meets the general intent of the Official Plan for development within the Environmental and Rural designations. Municipality of Clarington Committee of Adjustment A-2026-0012 Page 6 5.3 The proposed greenhouse structure is fundamentally related to agricultural, agriculture- related, and on -farm diversified uses, as it is intended to support agricultural production. Pursuant to Section 14.4.5 of the Clarington Official Plan, agriculture-related and on - farm diversified uses are permitted on lands designated Environmental Protection . 5.4 It is staff’s opinion that the proposed minor variance application conforms to the intent and purpose of the Official Plan. Maintain the general intent and purpose of Zoning By-law 84-63 5.5 The subject property is zoned Agricultural (A) within Zoning By-Law 84-63. The Agricultural Zone permits a farm, which includes nurseries and the production of floral and greenhouse products. The proposed variance is to increase the maximum lot coverage from 5% to 13.6% for the proposed greenhouse structure. The purpose of the maximum lot coverage requirement of 5% in an agricultural zone is to limit the size of building footprints while ensuring that the majority of the property remains available for agricultural production. The proposed greenhouse building is intended to support, contribute to, and to enhance the agricultural production on the property. 5.6 H owever, the zoning by-law, approved in 1984, did not contemplate the operational requirements of modern greenhouse establishments. The original 5% lot coverage limitation for non -residential uses was intended to ensure that conventional farm buildings did not excessively reduce the amount of productive farmland on a property. In contrast, greenhouse operations facilitate the concentration and intensification of plant production while also extending the growing season, thereby maintaining and enhancing the agricultural productivity of the farm. As such, the proposed increase in lot coverage is considered appropriate and consistent with the evolving nature of contemporary agricultural practi ces. 5.7 For the above stated reasons, it is Staff’s opinion that the application is 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 5.8 The application is appropriate for the development and use of the land, as the property is zoned for Agricultural uses and the greenhouse structure is a permitted use within the applicable zoning. The proposed development is consistent with the intent of the zoning by-law and supports the continued agricultural use of the property in a productive and efficient mann er. 5.9 The greenhouse operation represents an appropriate form of agricultural development that is compatible with the surrounding rural and agricultural area. The proposal makes use of existing agricultural lands while maintaining the long-term viability of the property for agricultural purposes. The proposed development is consistent with the existing agricultural character of the area, where farming operations and agricultural -related uses are the predominant land uses. In addition, the greenhouse structure is intended to function as part of an active agricultural operation and is not expected to negatively impact the surrounding rural landscape or nearby agricultural activities. Municipality of Clarington Committee of Adjustment A-2026-0012 Page 7 5.10 Furthermore, the proposed greenhouse structure will have little to no impact on the traffic to the site. As such, the proposal is not anticipated to create adverse traffic or access impacts on the surrounding roads. 5.11 For the above stated reasons, it is Staff’s opinion that the application is desirable for the appropriate development or use of the land, building and structures. Minor in Nature 5.12 In considering whether the relief sought is minor, Staff note that the test is qualitative rather than quantitative. The primary consideration is the potential impact of the variances on the surrounding neighbourhood and whether that impact is minor or acceptable. A variance that appears minor numerically may still be considered major if it negatively affects neighbouring properties, while a larger numerical variance may be deemed minor if it results in little to no adverse impacts. 5.13 The application is not anticipated to create adverse impacts on neighbouring properties or surrounding land uses, as the scale and nature of the greenhouse operations are consistent with typical agricultural activities permitted within the agricultural area. 5.14 It is Staff’s opinion that the proposal is minor in nature as it will not significantly change the use of the land and will represent a minor increase to the permitted provisions of the zoning by-law to allow. 6. Conclusion 7.1 Given the above comments, staff recommends approval of the application for a minor variance to facilitate the construction of a greenhouse by increasing the maximum permitted lot coverage for non -residential uses from 5% to 13.6%. Submitted by: Nicklaus Gibson Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Municipality of Clarington Committee of Adjustment A-2026-0012 Page 8 Concurrence: This report has been reviewed by Sarah Parish , MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Nicklaus Gibson, Planner I, (905) 623-3379 x2408 or NGibson@clarington.net Attachments Attachment 1: Site Plan Attachment 2: Cover Letter Attachment 3: Building Division Comments Attachment 4: Development Engineering Comments 150 King St, Peterborough ON Phone: 905-576-8500 info@dgbiddle.com dgbiddle.com 481 Taunton Rd W, Oshawa ON 125108 2030 MORGANS ROAD, NEWCASTLE MUNICIPALITY OF CLARINGTON SITE PLAN PROPOSED GREEN HOUSE BUILDING AREA = 4069.25 sq.m. Page 1 of 2 April 9, 2026 Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 Attention: Sarah Gattie Re: Minor Variance Application to the Committee of Adjustment 2030 Morgans Road, Newcastle Our File: 125108 Dear Ms. Gattie, D.G. Biddle and Associates Limited has been retained by Country Tropical Inc. to submit an application for minor variance from Municipality of Clarington Zoning By-Law 84-63 performance standards for maximum lot coverage for the property located at 2030 Morgans Road, Newcastle. The subject property is located at the northwest corner of Morgans Road and Regional Highway 2. The property has street frontage of 73.6m, an average depth of 407.5m and a total area of 29,992.0m². The property is currently used for residential and agricultural purposes. The site contains a single detached residential dwelling. The subject property is zoned Agricultural (A) Zone in the Clarington Zoning By-law and designated Rural and Environmental Protection in the Municipality of Clarington Official Plan, and Major Open Space Areas in the Region of Durham Official Plan. The site is proposed to be developed to include an agricultural greenhouse building. The purpose of the minor variance includes the following exceedance: 1. A maximum 13.6% lot coverage, whereas the Zoning By-Law calls for a maximum of 5% for non-residential buildings. The following materials are submitted in support of the enclosed minor variance application: • Minor Variance Application Form; • Site Plan. Please note that a four-part test analysis will be provided to the attention of the Committee prior to the issuance of the staff report. An application fee cheque in the amount of $2,280 will be delivered to the Municipal office shortly following this electronic submission. Page 2 of 2 Please advise immediately if you find anything is missing from this submission. Thank you. Yours Truly, D.G. BIDDLE AND ASSOCIATES LIMITED ENGINEERS AND PLANNER Lisa Klets Lisa Klets, RPP Intermediate Planner Planning Group 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 a of a greenhouse by increasing the maximum lot coverage for non -residential uses from 5% to 13.6%. Development Engineering has reviewed the above -noted application. We have no objection to this proposal. At building permit stage, the following comments must be addressed: • Access to the proposed greenhouse building must be provided via the existing driveway connecting to Morgans Road. The establishment of any new access points to the greenhouse building is not permitted. • The proposed structure shall not affect adjacent property’s grading or drainage. • Grading plan will be required as part of the building permit. Review Section 800 of the Municipality of Clarington Engineering Design Guidelines for a more fulsome list of requirements for Grading Plan submissions. • Low Impact Development (LID) measures should be implemented to mitigate increased stormwater runoff resulting from the proposed increase in site imperviousness. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA To: Nicklaus Gibson, Planner I From: Karen Richardson, Manager of Development Engineering Date: April 29, 2026 Subject: Minor Variance Application A2026-0012 File: Applicant: Lisa Klets. Address: 2030 Morgans Road, Clarke The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 www.clarington.net1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Planning and Infrastructure Services From: Planning and Infrastructure Services - Building Date: May 14, 2026 Subject: Planning - Building Division Review Complete File: A-2026-0012 This memo is to provide comments from the Clarington Building Division, regarding the above noted file. The review has been completed and the below comments have been made regarding it: A building permit is required for the proposed building Regards, Brendan Grigg Deputy Chief Building Official/Supervisor of Building Planning and Infrastructure Services - Building BGrigg@Clarington.net (905) 623-3379 e 2313