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Report To: Planning and Development Committee
Date of Meeting: October 2, 2017
Report Number: PSD-065-17 Resolution Number:
File Number: ZBA 2017-0020 By-law Number:
Report Subject: An application by Eiram Development Corporation to amend the
Zoning By-law to permit a development that consists of 59
townhouses and a mixed-use building at the south-west corner of
Mearns Avenue and Concession Road 3, Bowmanville
Recommendations:
1.That Report PSD-065-17 be received;
2.That the proposed application for Zoning By-law Amendment ZBA 2017-0020 continue to
be processed including the preparation of a subsequent recommendation report;
3.That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application submitted by Eiram Development Corporation to permit
the mixed-use development; and
4.That all interested parties listed in Report PSD-065-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-065-17 Page 2
Report Overview
The Municipality is seeking public input on a proposed mixed-use development at Mearns
Avenue and Concession Road 3 in Bowmanville. Eiram Development Corporation submitted
an application for rezoning to facilitate the proposal that includes:
• 71 residential units (59 townhouses and 12 apartment units).
• 1,200 square metres of commercial floor area.
The purpose of this report is to provide information on the proposal and receive public
comments. The proposed Zoning By-law amendment would replace the Agricultural 'A' zone
with an appropriate zone to permit the development.
1. Application Details
1.1. Owner/Applicant: Eiram Development Corporation
1.2. Agent: Innovative Planning Solutions
1.3. Proposal: To permit a mixed-use development, consisting of residential
and commercial uses. The proposal comprises of:
43 Townhouses
16 back-to-back townhouses
12 apartment units
1200 square metres of commercial floor space
Private amenity areas
1.4. Area: 1.8 ha
1.5. Location: Southwest corner of Mearns Avenue and Concession Road 3,
Bowmanville
1.6. Roll Number: 1817-020-060-08073
1.7. Within Built Boundary: No
2. Background
2.1 On May 24, 2017, Eiram Development Corporation submitted an application for a
proposed Zoning By-law Amendment. The application was deemed complete on July 5,
2017.
Municipality of Clarington
Report PSD-065-17 Page 3
2.2 The Municipality has received the following reports in support of the application:
Planning Justification Report
Traffic Impact Study
Functional Servicing Report
Phase One Environment Site Assessment
Noise Study
2.3 Planning Staff met with the applicant on August 29, 2017 and requested a revised
concept to implement the policies of the recently adopted OPA 107. The applicant
provided a revised concept plan (Figure1) on September 7, 2017 and is working to revise
the supporting reports.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is a vacant site and has a significant slope that descends to the
east.
Figure 1: The subject site and the surrounding area
Municipality of Clarington
Report PSD-065-17 Page 4
Figure 2: The subject site west of Mearns Avenue
Figure 3: Walkway connecting the site to Champine Square
Municipality of Clarington
Report PSD-065-17 Page 5
3.2 The surrounding uses are as follows:
North - Wooded valleyland north of Concession Road 3
South - Single detached dwellings
East - Agricultural land on the east side of Mearns Avenue
West - Single detached dwellings and a walkway connecting to Champine Square and
Freeland Avenue (Figures 2 and 3).
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement identifies settlement areas as the focus of growth. New
development taking place adjacent to the existing built-up areas shall be based on
densities and a mix of land uses that efficiently use land, resources, infrastructure and
public service facilities.
Municipalities must provide a variety of housing types and densities and a range of
housing options that are affordable to the area residents.
Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments promote
active modes of transportation such as walking and cycling.
4.2 Provincial Growth Plan
The Provincial Growth Plan directs development to settlement areas. The subject site is
within the designated Greenfield area. The Provincial Growth Plan promotes compact
Greenfield communities to reduce the rate at which land is consumed. Transit-supportive
and pedestrian-friendly developments should be concentrated along existing and future
transit routes.
The policies of the Growth Plan direct municipalities to establish an urban form that
makes optimum use of infrastructure along corridors to support the achievement of
complete communities and support public transit. Development of complete communities
is encouraged by promoting a diverse mix of land uses, a mix of employment and
housing types, high quality public open space and easy access to local stores and
services. Population and employment growth will be accommodated where existing
municipal services and infrastructure are available or will soon be available.
Municipality of Clarington
Report PSD-065-17 Page 6
5. Official Plans
5.1 Durham Regional Official Plan
The subject site is designated “Living Areas” in the Regional Official Plan. This
designation is primarily for housing purposes. Limited retailing of goods and services, in
appropriate locations, as components of mixed use developments may also be permitted.
Living Areas shall be developed in a compact form through higher densities and locations
along arterial roads and shall be developed as mixed use areas. Living Areas shall be
developed with particular consideration for supporting and providing access to frequent
public transit.
The applicant must demonstrate how the proposed development contributes towards the
achievement of a Floor Space Index of 2.0 and the minimum Gross Density of 30 units
per hectare for all local corridors of the Durham Regional Plan.
5.2 Clarington Official Plan
5.2.1 The Clarington Official Plan designates the subject lands “Urban Residential” and
“Neighbourhood Centre”. The subject site is also located within a Local Corridor
designated along Concession Road 3, adjacent to the intersection of two arterial roads
and is at the edge of the neighbourhood.
5.2.2 Housing is to be the predominant use of lands designated “Urban Residential”. Other
uses may be permitted that by the nature of their activity, scale, design, compatibility and
location are supportive of and serve local residents.
Multi-unit residential development applications will include the following:
Multiple vehicular accesses from a public street shall generally be provided for each
townhouse block and each apartment block;
Each condominium corporation block shall have direct street frontage and direct
vehicular access to a public street without reliance on easements through another
condominium corporation block;
In order to achieve a mixture of housing types, adjacent multi-unit residential unit
types shall not replicate the same built form;
Townhouses sited on blocks shall generally not exceed 50 units and apartment
blocks shall not exceed 2 buildings; and
Street townhouses shall generally not comprise more than 6 attached units.
5.2.3 Neighbourhood Centres serve as a focal point for a residential neighbourhood. They are
to provide an appropriate range of retail and service uses to meet day to day retail and
service needs of local residents. The maximum gross leasable floor space permitted in a
Neighbourhood Centre is 5,000 square metres. Mixed-use development is encouraged in
Neighbourhood Centres.
Municipality of Clarington
Report PSD-065-17 Page 7
5.2.4 Local Corridors are one component of Priority Intensification Areas.
Local Corridors shall be developed to provide for:
Residential and/or mixed use developments with a wide array of uses in order to
achieve higher densities, and transit oriented development;
Other uses that are complementary to the intended function of the Corridor; and,
Site design that is sensitive to the existing neighbourhood.
Local Corridors are to achieve a minimum density of 40 units per net hectare with building
heights of 2-6 storeys. Corridors must create a public realm that accommodates a range
of higher density residential uses, complemented by compatible retail, service and
institutional uses. Corridors will be designed to support public transit and a variety of
transportation modes, accommodating the pedestrian as a first priority.
5.2.5 Commercial development within Local Corridors shall be a minimum height of two
storeys. Within the Local Corridor, stores shall not exceed 300 square metres.
5.2.6 Development within Neighbourhood Centres and Local Corridors will have buildings sited
near the street with direct access to the street. Density and built form within local
corridors will be sensitive to existing local character and will be scaled to create
compatible, attractive and functional places with a distinctive community image.
5.2.7 Neighbourhood Centres are "gathering places" and shall incorporate public squares
wherever possible. Public squares will have the right of public access and will be
designed as a high quality and interactive urban environment. Amenities such as
landscaped areas, benches, refuse containers, public art and other elements that
enhance the social and physical environment are required. Public squares shall be
constructed either as a public parklets or as part of a commercial development with the
right of the public to access the square secured by appropriate means.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Agricultural (A). A rezoning is required to
permit the proposed development.
Parking Provisions of the Zoning By-law require 214 parking spaces. The proposed
concept is deficient by twenty parking spaces. Additionally, three loading spaces are
required for the mixed-use building. Two additional loading spaces would be required.
7. Summary of Background Studies
The studies submitted in support of the application are being updated to reflect the new
concept.
Municipality of Clarington
Report PSD-065-17 Page 8
7.1 Planning Justification Report
The applicant provided a revised Justification Report on September 15, 2017 with an
overview of the development proposal. The Planning Justification Report identifies the
site as being suitable for the proposed mixed use development. Some of the potential
benefits identified by the applicant include:
The subject lands are located in the Bowmanville Urban Area currently designated for
mixed-use development with full municipal servicing available.
The proposed development will create employment growth of potentially 30+ jobs in
the community. The proposed development includes a neighbourhood square and
two amenity areas.
The proposed Amendment to the Zoning By-law would require a reduction of 14
parking spaces. The applicant considers the reduction adequate as the site is well
served by sidewalks and transit routes.
The applicant is proposing reduced setbacks to provide a street edge and a height to
allow three storey townhouses.
7.2 Environmental Noise Feasibility Study
The Noise Study assesses both noise from road traffic and stationary sources in
accordance with Ministry of Environment and Climate Change (MOECC) guidelines. To
mitigate noise impacts from transportation sources, the study recommends that units
facing Mearns Avenue and the ones located on the northwest side of the property be
designed with provision for adding central air conditioning systems in the future. 2.4
metre and 1.8 metre sound barriers are required for the yards of units facing Concession
Road 3. To mitigate noise impacts from stationary sources, rooftop mechanical
equipment at the commercial building will require acoustic screens, extending 0.5 metres
above the height of the mechanical equipment.
7.3 Traffic Impact Study
The Traffic Impact Study assessed current and future traffic conditions to and from the
site, and the anticipated impact on the surrounding road network as a result of the
proposed residential and commercial development. The study concluded that the
proposed development will not cause any operational issues and will not add significant
delay or congestion to the local road network.
7.4 Phase One Environmental Site Assessment (ESA)
The Phase One ESA found that a Phase Two ESA is not warranted at this time.
Potentially Contaminating Activities were not identified to have occurred on this site or
within the broader study area. Therefore, no Areas of Potential Environmental Concern
were found.
Municipality of Clarington
Report PSD-065-17 Page 9
7.5 Functional Servicing Report
The Functional Servicing Report identifies existing municipal services in the vicinity of the
subject property. Watermains will need to be extended along Mearns Avenue and
Concession Road 3 frontages to complete the circuit. Sanitary sewer services are
proposed to be extended along the Mearns Avenue frontage only. Storm drainage will be
provided by connecting into an existing storm sewer located at the south end of the
subject property. The report concludes that no major difficulties are anticipated with
grading however the detailed grading design has not yet been prepared and is proposed
to be submitted at the site plan application stage.
8. Public Notice and Submissions
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and two public meeting notice signs were installed on the site facing Concession Road 3
and Mearns Avenue. Three residents contacted Staff raising concerns and/or objections
to the application as follows:
Traffic Congestion generated by new residential traffic without appropriate widening
of roads.
Concerns with the wait time to reach Highway 401 due to increase of residential
development.
Concerns with the proposed back to back townhouse units.
Concerns with the location/design of the amenity area.
T he residential use where commercial development was anticipated.
9. Agency Comments
9.1 Regional Municipality of Durham
Regional Planning finds the proposed use is consistent with Provincial planning policies
and conforms to the Region of Durham Official Plan.
The Region requires that the Noise study be updated to reflect the revised site plan. The
updated study should include an additional table showing mitigated sounds levels for
traffic noise.
The Region has reviewed a Phase 1 Environmental Site Assessment (ESA). The study
concluded that a Phase 2 ESA is not required. The Region requires that the applicant
submit a Certificate of Insurance in addition to the Reliance Letter by WSI Canada Inc.
Analysis indicates that there is at least one barn in close proximity to the subject site. A
statement of MDS conformity is required to be submitted to the Region to its satisfaction.
The Regional Works Department has submitted comments on the requirements to service
the site. Services are available in close proximity to the site but will require an extension
in order to facilitate the development of the site.
Municipality of Clarington
Report PSD-065-17 Page 10
The nearest bus stop is located on Freeland Avenue, west of Mearns Avenue and within
the 400 metres of the site which is consistent with the guiding principles of the Durham
Region Transit Five Years Strategy. To minimize walking distance across the pedestrian
network and transit services, a pedestrian path should be included in the southeast
portion of the proposed development linking the internal walking network with the
sidewalk on the west side of Mearns Avenue.
9.2 Conservation Authority
The Conservation Authority does not object to the Zoning By-law Amendment application.
Comments related to the capacity in the receiving storm water management facility,
design measures on site to achieve the required volumes, water quality and quantity
control, design of the pond and erosion control will need to be addressed through the
detailed design process of site plan.
9.3 Other Agencies
Veridian and Enbridge have no objections.
10. Departmental Comments
10.1 Engineering Services
The Engineering Department has no objection in principle to the proposed zoning
amendment and offers the following comments:
The Traffic Impact Study has been reviewed and must be revised to reflect changes to
the concept plan. Preference is for only one access to the site from Concession Road 3,
as shown on the revised concept plan. A second access can be accommodated along
Mearns Avenue.
The Functional Servicing Report has been reviewed and Staff are generally in agreement
with the findings and recommendations. Depending on the Region of Durham’s
requirements for Sanitary Servicing, there may be a need to provide a road widening on
Mearns Avenue to accommodate the extension of sanitary sewer to the Commercial
Block.
Staff are concerned with the grading of this development, specifically the northwest
corner. The Preliminary Grading Plan is showing grades in excess of 10%, which does
not meet the Municipality’s standards. A detailed grading plan must be prepared that
demonstrates the viability of the proposed concept in compliance with Municipal
standards. Retaining walls are to be avoided. Should a retaining wall be required the
wall and associated tie backs must be contained within the proponent’s property and
cannot extend onto adjacent private property.
10.2 Emergency and Fire Services
The Emergency and Fire Services Department has no objection to this application.
Municipality of Clarington
Report PSD-065-17 Page 11
10.3 Operations
The Operations Department has no objection and provided comments that can be
implemented at the site plan approval stage should the rezoning application be approved.
10.4 Building Division
The Building Division has no objections.
11. Discussion
11.1 Proposed Neighbourhood Centre
The subject site is a remnant parcel from the Eiram subdivision developed in the late 80’s
and early 90’s to the west and south of the site. Future residential development will occur
to the north and east. The proposed mixed-use development will provide 1,200 square
metres of neighbourhood commercial space to serve existing and future residents.
Overall, the proposed density meets the Clarington Official Plan.
11.2 Local Corridor
Concession Road 3 is an evolving Local Corridor designated in the Clarington Official
Plan. A number of medium density residential and commercial uses are contained within
approved plans of subdivision to the west and the subject site provides for an anchor to
the eastern end of the corridor. Existing transit service is located along Freeland Avenue
but this will relocate northerly to Concession Road 3 as residential development proceeds
in the north end of Bowmanville. The proposed residential density of 40 units per hectare
meets the Clarington Official Plan.
11.3 Urban Design
Urban design policies of the Clarington Official Plan provide direction for development
located within Urban Residential Areas, Neighbourhood Centres and Local Corridors and
can be summarized within the following themes.
Buildings will be designed and scaled appropriately for a neighbourhood centre.
Commercial buildings will incorporate a public square and reinforce the pedestrian
environment along streets.
The development will provide maximum pedestrian connectivity and facilitate access
to transit services from existing pedestrian connections.
High quality landscaping will contribute to create appealing public areas.
The proposed development site has some design challenges related to grades, the
required locations of entrances off arterial roads and pedestrian connections.
Municipality of Clarington
Report PSD-065-17 Page 12
12. Concurrence
Not Applicable.
13. Conclusion
The purpose of this report is to provide background information on the mixed use
development proposal submitted by Eiram Development Corporation for the Public
Meeting under the Planning Act. Staff will continue processing the application including
the preparation of a subsequent report upon receipt of the outstanding items to be
completed by the applicant.
15. Strategic Plan Application
Not Applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services CAO
Staff Contact: Ruth Porras, Senior Planner/Urban Designer ext. 2412 or rporras@clarington.net,
Mitch Morawetz, Planner, ext. 2411 or mmorawetz@clarington.net.
The following is a list of the interested parties to be notified of Council’s decision:
Jeff Piotrowski
Cheryl Cain
RP/MM/COS/tg
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