Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 28, 2025
CASE NO.: OLT-22-003362
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aspen Garden Bowmanville Ltd.
Subject: Request to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a 136-unit residential subdivision
Municipal Reference Number: ZBA2018-0027
Property Address/Description: Lot 17, Concession 1
Municipality: Municipality of Clarington / Region of Durham
OLT Case No.: OLT-22-003362
Legacy Case No.: PL190422
OLT Lead Case No.: OLT-22-003362
Legacy Lead Case No.: PL190422
OLT Case Name: Aspen Garden Bowmanville Ltd. v Clarington (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aspen Garden Bowmanville Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the construction of a 136-unit residential subdivision
Municipal Reference Number: S-C 2018-0001
Property Address/Description: Lot 17, Concession 1
Municipality: Municipality of Clarington / Region of Durham
OLT Case No.: OLT-22-003363
Legacy Case No.: PL190423
OLT Lead Case No.: OLT-22-003362
Legacy Lead Case No.: PL190422
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aspen Garden Bowmanville Ltd.
Subject: Site Plan
Description: To permit the construction of a 136-unit residential subdivision
Municipal Reference Number: SPA 2019-0005
Property Address/Description: Lot 17, Concession 1
Municipality: Municipality of Clarington / Region of Durham
OLT Case No.: OLT-22-003364
Legacy Case No.: PL190424
OLT Lead Case No.: OLT-22-003362
Legacy Lead Case No.: PL190422
BEFORE:
MICHAEL MENEZES & T.F. NG MEMBERS
Monday, the 27th day of January, 2025
AMENDING ORDER
THESE MATTERS having come before the Tribunal for a settlement hearing on June 17, 2024, and the Tribunal having issued a Memorandum of Oral Decision and Order on July 8, 2024 (the “July 2024 Order”) amending By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (“ZBA”), approving a Plan of Subdivision subject to conditions, and approving a Site Plan subject to conditions.
AND THE TRIBUNAL having received a request from the Applicant and Appellant, Aspen Garden Bowmanville Ltd., to administratively approve minor modifications to the ZBA that was approved by the Tribunal in its July 2024 Order (the “ZBA Modifications”).
AND THE TRIBUNAL having received the consent of the other Parties to these Appeals, the Municipality of Clarington and Region of Durham, to the ZBA Modifications. In all other respects the July 2024 Order remains the same and effective.
NOW THEREFORE THE TRIBUNAL ORDERS that:
Paragraph 1 of the July 2024 Order is rescinded.
By-law No. 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, is hereby amended in the manner set out in Attachment 1 to this Order.
The Tribunal may be spoken to if there are issues implementing this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
Corporation of the Municipality of Clarington
By-law Number 20 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2018-0027;
Now Therefore Be IT Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows:
- Section 2 – Definitions is amended as follows:
a. By deleting the definition of “Height of Building” and replacing it as follows:
Shall mean the vertical distance, measured between the Average Finished Grade and:
a. In the case of a flat roof, the highest point of the roof surface; and
b. In the case of a mansard roof, the deck roof line; and
c. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge.
In calculating the height of a building, roof constructions such as bulkheads, penthouses and similar constructions enclosing equipment or stairs and which are less than 6 metres in height and do not occupy more than 30 percent of the area of the roof upon which they are located, and accessory roof constructions, such as chimneys, towers, steeples or television antennas, shall be excluded.
b. For the purpose of this By-law, the term:
i. Height of the Dwelling means the vertical distance, measured between the lowest fixed grade, and
a) In the case of a flat roof, the highest point of the roof surface,
b) In the case of a mansard roof, the deck roof line, and
c) In the case of a gable, hip or gambrel roof, the average height between the eaves and the ridge.
ii. Fixed grade means the elevation of the ground at the front lot line measured at the midpoint of a lot.
- Notwithstanding Section 3.g.iv), balconies, canopies, unenclosed porches, patios, ramps, or decks attached or directly abutting the principle or main building; either above or below grade; may project into any required front, side or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required front or side yard be reduced to below 0.6 metres.
Stairs accessing a porch, deck or patio may be permitted to encroach an additional 1.5 metres, but in no instance shall a required yard be reduced to below 0.6 metres.
A second floor deck may be permitted to project into a required front or rear yard to a distance of not more than 3.5 metres.
- Section 13.4 “Special Exceptions – Urban Residential Type Two (R2) ZONE” is hereby amended by adding thereto, the following new Special Exemption:
“14.4.XX Urban Residential Exception (R2-X) ZONE
Notwithstanding Section 13.2 those lands zoned R2-X on the attached Schedule to this By-law shall only be used for a single detached dwelling in accordance with the following regulations:
a. Lot Area (minimum) 310.0 square metres
b. Lot Frontage (minimum)
Interior 10.0 metres
Corner 13.0 metres
c. Yard Requirements (minimum)
i. Front Yard
To dwelling 4.5 metres
To private garage or carport 6.0 metres
ii. Interior Side Yard 1.2 metres
iii. Exterior Side Yard 3.5 metres
iv. Rear Yard 7.5 metres
d. Building Height (maximum) 11.0 metres
- Section 13.4 “Special Exceptions – Urban Residential Type Two (R2) ZONE” is hereby amended by adding thereto, the following new Special Exemption:
“14.4.XX Urban Residential Exception (R2-XX) ZONE
Notwithstanding Section 13.2 those lands zoned R2-XX on the attached Schedule to this By-law shall only be used for a single detached dwelling in accordance with the following regulations:
a. Lot Area (minimum) 360.0 square metres
b. Lot Frontage (minimum)
Interior 11.60 metres
Corner 14.60 metres
c. Yard Requirements (minimum)
i. Front Yard
To dwelling 4.5 metres
To private garage or carport 6.0 metres
ii. Interior Side Yard 1.2 metres
iii. Exterior Side Yard 4.5 metres
iv. Rear Yard 7.5 metres
d. Building Height (maximum) 11.0 metres
- Section 13.4 “Special Exceptions – Urban Residential Type Two (R2) ZONE” is hereby amended by adding thereto, the following new Special Exemption:
“14.4.XX Urban Residential Exception (R2-XXX) ZONE
Notwithstanding Section 13.2 those lands zoned R2-XXX on the attached Schedule to this By-law shall only be used for a single detached dwelling in accordance with the following regulations:
a. Lot Area (minimum) 275.0 square metres
b. Lot Frontage (minimum) 12.8 metres
c. Lot Depth (minimum) 21.50 metres
d. Yard Requirements (minimum)
i. Front Yard
To dwelling 4.5 metres
To private garage or carport 6.0 metres
ii. Interior Side Yard 1.20 metres
iii. Exterior Side Yard N/A
iv. Rear Yard 6.0 metres
e. Building Height (maximum) 11.5 metres
f. Building Coverage (maximum) 45.0 percent
- Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) ZONE” is hereby amended by adding thereto, the following new Special Exemption:
“14.6.XX Urban Residential Exception (R3-X) ZONE
Notwithstanding Section 3.1 g. iv), 3.16 d., 14.1 a., 14.4 a., c., e., f., and g., those lands zoned R3-X on the Schedules to this by-law shall be subject to the following zone regulations:
a. Permitted Residential Uses Link Townhouse Dwelling
Back to Back Townhouse Dwelling
Dual Frontage Townhouse Dwelling
b. Density
i. Minimum 36.0 units per net hectare
ii. Maximum number of townhouse units 84 units
c. Parking Aisle Width (minimum) 6.5 metres
d. Bicycle Parking (minimum) 6 spaces
e. Outdoor Amenity Space (minimum)
i. Private (minimum) 3.2 square metres per unit
ii. Common (minimum) 600.0 square metres
f. Visitor Parking (minimum) 19 spaces
Of the total Visitor Parking, minimum 3 spaces
Number of Barrier Free Spaces required
g. Lot coverage shall be a maximum of 40% of the entire site
h. Minimum Landscaped Open Space shall be 25% of the entire site
i. Where a Townhouse Dwelling Lot is a through lot with frontage on both a Public Street and a Private Lane, the lot line along the Public Street shall be deemed to be the Front Lot Line. For purposes of calculating building height, the lot line abutting a private lane shall be used.
j. Building Standards
a) Requirements for Link Townhouse Dwellings (minimum)
i. Front Yard
a. Dwelling 7.0 metres
ii. Exterior Side Yard
a. Dwelling 3.5 metres
iii. Interior Side Yard 1.5 metres
Nil where a building has a common wall
With any adjacent unit in the same zone
iv. Rear Yard 7.0 metres
v. Building Height (maximum) 12.5 metres
b) Requirements for Back to Back Townhouse Dwellings (minimum)
i. Front Yard
a. Dwelling 4.0 metres
ii. Exterior Side Yard
a. Dwelling 3.25 metres
iii. Interior Side Yard 1.5 metres
Nil where a building has a common wall
With any adjacent unit in the same zone
iv. Rear Yard Nil
v. Building Height (maximum) 14.0 metres
c) Requirements for Dual Frontage Townhouse Dwellings (minimum)
i. Front Yard
a. Dwelling 3.0 metres
ii. Exterior Side Yard
Where it abuts a Public Street
a. Dwelling 3.0 metres
Where it abuts a public sidewalk or walkway
a. Dwelling 1.2 metres
End Unit Non-Corner 1.2 metres
iii. Interior Side Yard 1.2 metres
Nil where a building has a common wall
With any adjacent unit in the same zone
iv. Rear Yard 5.7 metres
v. A second floor deck may be permitted to project into a required front or rear yard to a distance of not more than 3.5 metres.
vi. Building Height (maximum) 14.0 metres
i. Provisions for Watermeter Building
Yard Requirements (minimum)
i. Setback from a private lane or municipal right of way 3.5 metres
ii. Setback to a dwelling unit Nil
Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from:
“Agricultural (A) Zone” to “Urban Residential Exception (R2-X) Zone”, “Urban Residential Exception (R2-XX) Zone”, Urban Residential Exception (R2-XXX) Zone”, “Urban Residential Exception (R3-X) Zone”, and “Environmental Protection Exception (EP-7) Zone”, as illustrated on the attached Schedule ‘A’ hereto.
Schedule ‘A’ attached hereto shall form part of this By-law.
This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act.
By-law passed in open session this day of , 20
Adrian Foster, Mayor
June Gallagher, Municipal Clerk