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Report To: Planning and Development Committee
Date of Meeting: March 13, 2017
Report Number: PSD-017-17
File Number: ZBA2016-0027
Resolution Number:
By-law Number:
Report Subject: Application by Nathan Thomas to amend the Zoning By-law to
facilitate the creation of two additional single detached lots at 6 Mann
Street, Bowmanville
Recommendations:
1.That Report PSD-017-17 be received;
2.That the application for rezoning ZBA2016-0027, submitted by Nathan Thomas be
approved and that the Zoning By-law Amendment contained in Attachment 1 to Report
PSD-017-17 be passed;
3.That a by-law to remove the (H) Holding Symbol be forwarded to Council once all the
requirements of the Adopted Clarington Official Plan are satisfied;
4.That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-017-17
and Council’s decision; and
5.That all interested parties listed in Report PSD-017-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-017-17 Page 2
Report Overview
This report recommends that Council rezone the lands from "Agricultural (A) Zone" to "Holding -
Urban Residential Exception ((H)R2-72) Zone" to permit the creation of two additional single
detached lots (plus one retained lot) fronting on Mann Street. The lots would have a minimum
frontage of 13 metres. This would be consistent with the majority of lots on Mann Street, that is,
the lots to the north.
1. Application Details
1.1. Owner: William and Betty Irving
1.2. Applicant/Agent: Nathan Thomas
1.3. Proposal: Amend Zoning By-law 84-63 to rezone from “Agricultural (A)” to
an appropriate zone to allow the division of one lot into three
single detached lots with minimum lot frontages of 13.03 metres
(see Figure 1).
1.4. Area: 0.2011 hectares (0.497 acres)
1.5. Location: 6 Mann Street, on the east side of Mann Street, south of Apple
Blossom Boulevard and north of Concession Street East,
Bowmanville
1.6. Roll Number: 18-17-020-060-09200
1.7. Within Built Boundary: Yes
2. Background
2.1 The proposal is to rezone the property known as 6 Mann Street to allow the creation of two
additional lots all with frontages of a little over 13 metres (43 feet) each. The existing
dwelling (see Figure 2) and accessory buildings are to be demolished.
2.2 Reports submitted in support of the application include:
Heritage Impact Assessment;
Site Screening Questionnaire;
Stages 1 and 2 Archaeological Assessment; and
Tree Inventory and Preservation Plan Report.
Municipality of Clarington
Report PSD-017-17 Page 3
Figure 1: Air Photo, Site Plan and Draft Reference Plan for Future Land Divisions
Municipality of Clarington
Report PSD-017-17 Page 4
Figure 2: Existing Dwelling
3. Land Characteristics and Surrounding Uses
3.1 The subject property is flat, with an existing dwelling (see Figure 2) and accessory
buildings.
The surrounding uses (see Figure 1) are as follows:
North - Link Dwellings
South - Single Detached Dwellings and beyond, Concession Street East
East - Single Detached Dwellings
West - Single Detached Dwellings
Municipality of Clarington
Report PSD-017-17 Page 5
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages the efficient use of service with cost-
effective development patterns, a mix of residential dwellings and opportunities for
intensification and redevelopment in accordance with provincial targets. It is also
requires the conservation of “significant” built heritage resources and cultural heritage
landscapes.
4.2 Provincial Growth Plan
The proposed division of an existing property to allow the construction of three single
detached dwellings fronting on Mann Street is intensification within the built boundary. It
represents efficient use of land and existing services while maintaining neighbourhood
character – small lot single detached housing. The proposal conforms to the Growth Plan.
5. Official Plans
5.1 Durham Region Official Plan
The Durham Region Official Plan designates the subject lands Living Area. The policies
of the Plan generally promote infill and intensification. The proposal conforms to the
Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property Urban Residential – Low
Density. The proposal conforms to the Clarington Official Plan.
The heritage objectives guiding the policies encourage the conservation, protection and
maintenance of cultural heritage resources including historic resources that are
significant.
The Clarington Official Plan states where a cultural heritage resource is recognized on
the cultural heritage resources list the Municipality shall discourage the demolition or the
inappropriate alteration of a cultural heritage resource.
5.3 Clarington Official Plan as amended by Amendment 107
The Clarington Official Plan, as amended by Official Plan Amendment 107 designates the
lands Urban Residential. It is a site interior to a neighbourhood appropriate for low
density development.
The property is identified as a Secondary Heritage Resource and a Heritage Impact
Assessment of the property is required. The proposal conforms to the Clarington Official
Plan as amended by Amendment 107.
Municipality of Clarington
Report PSD-017-17 Page 6
6. Zoning By-law
The subject property is zoned “Agricultural (A)”. The agricultural zone in urban
environments is a remnant of the past and functions as a Holding zone. Therefore, a
rezoning is required.
7. Summary of Background Studies
7.1 Assessment
The Heritage Impact Assessment states the existing dwelling and accessory building/the
carriage shed, have little heritage or architectural value. It recommends demolition to
make way for modern houses more in keeping with the current neighbourhood.
7.2 Stage 1 & 2 Archaeological Assessment
The Archaeologists Inc. prepared a Stage 1 and 2 Archaeological Assessment. Stage 1
is a background study and determined the subject property had potential for the recovery
of archaeological resources of cultural heritage value. The Stage 2 assessment
consisted of a systematic test pit survey. It did not result in the identification of
archaeological resources. It recommended no further archaeological assessment of the
property.
7.3 Tree Inventory & Preservation Plan Report
The Tree Inventory and Preservation Plan indicated a total of 25 trees and one grouping
of trees and hedge within six metres of the subject property. The removal of nine trees
will be required to accommodate the proposed development or due to their deteriorated
condition. The group of trees and hedge, together with 16 trees can be saved with
appropriate tree protection measures. The measures include tree protection barriers and
fencing, a tree protection zone and inspections at appropriate times by arborists or
foresters.
7.4 Site Screening Questionnaire
The Regional Site Screening Questionnaire was completed. The only concern “flagged”
was that the existing buildings might have potentially hazardous materials such as
asbestos or PCBs. Precautions will have to be taken during demolition.
8. Public Submissions
8.1 Three Bowmanville residents have contacted staff with concerns regarding the demolition
of the farmhouse dwelling. One resident suggested the house was over 150 years old, in
usable condition, and if the farmhouse was preserved there would still be land for some
new housing.
Municipality of Clarington
Report PSD-017-17 Page 7
Another claimed that the house was the farmhouse for the farm that preceded the
neighbourhood and must be preserved, along with the accessory building, that is, the
carriage shed.
The third resident suggested the home should be saved while allowing two additional
homes to be built. If the dwelling must be demolished it was suggested the brick or
historic features be salvaged and re-used in the new homes.
9. Agency Comments and Departmental Comments
9.1 The Clarington Engineering Services Department had no objection to the rezoning. They
identified a number of requirements to be satisfied through the land division process,
including:
Dedication of a 20 metres X 3 metres road widening triangle to the Municipality of
Clarington.
Removing the existing Mann Street road allowance boulevard retaining wall.
The applicant is responsible for 100% of the cost, financial and otherwise, of any
required changes to the boulevard area on Mann Street which are deemed
necessary by the Director of Engineering Services.
Submission of a Servicing Plan depicting existing and proposed water, sanitary and
storm sewer services satisfactory to the Director of Engineering Services.
9.2 The Clarington Operations Department has no objection, however identified a concern
with the retaining wall on the Mann Street frontage. Lot grading design efforts require
that the existing retaining wall be eliminated or replaced. The usual warnings about mud
tracking off the site onto municipal streets during construction will apply.
9.3 The Regional Municipality of Durham Planning & Economic Development Department
noted that the creation of new lots for future residential development within an existing
urban area conforms to the policies of the Regional Official Plan. Similarly, infill
residential development, intensifying a built-up area, conforms to the Province’s Growth
Plan. The conclusions of the Archaeological Assessment, its submission to the Province,
and a clearance letter from the appropriate ministry, satisfy the Region regarding
archaeological potential. Regional Works noted sanitary sewer and water supply are
available from Mann Street.
9.4 Veridian Connections had no objection to the proposed development.
9.5 Enbridge Gas did not object, the Building Division had no comments, and Emergency and
Fire Services had no fire safety concerns.
9.6 The Public School Board and the Separate School Board, have not provided any
comments. The application was circulated on December 9, 2016.
Municipality of Clarington
Report PSD-017-17 Page 8
10. Discussion
10.1 This infill development utilizing existing municipal services is generally consistent with
Provincial, Durham Regional and Clarington land use policies. The lots would be similar
to the pattern in the surrounding neighbourhood.
10.2 The majority of the lands north of Concession Street and west of Mann Street were
developed by Registered Plan of Subdivision 10M-829, registered in 1989. Following
development of the subdivision and construction of services on the portion of Mann Street
existing at that time, the lots north of 6 Mann Street slowly redeveloped over time. The
three proposed lots at 13 metre (43 feet) frontages are larger than most lots on Mann
Street which are a little more than nine metres (32 feet).
10.3 The existing dwelling at 6 Mann Street is a Secondary resource on the Heritage
Properties List. Three Bowmanville residents (one a nearby neighbour) have stated that
the existing dwelling and perhaps the carriage shed are of heritage value and should be
retained. A Heritage Impact Assessment determined the existing dwelling, although
having some historic and architectural character, has not retained its heritage value and
can be demolished. The architect attended the Clarington Heritage Committee meeting
to explain the assessment and answer questions.
10.4 The Heritage Impact Assessment was provided to the Clarington Heritage Committee for
review and comments. The Committee’s evaluation recommended that the property not
be added to the Municipal Register.
10.5 The site screening questionnaire was unclear if the existing dwelling and carriage shed
contain hazardous material such as PCBs. The buildings are to be removed using proper
demolition techniques to eliminate this uncertainty.
10.6 The zoning recommended for the property R2-72 is an existing urban residential
exception that appears to meet the requirements of the infill development.
10.7 Should Council support the rezoning application, the Owner would lift from the table his
two submitted land division applications which have been tabled pending the resolution of
this rezoning application.
10.8 All municipal taxes have been paid at the time of writing Report PSD-017-17.
11. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the application to amend the Zoning By-law (see Attachment 1) be approved.
12. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD-017-17 Page 9
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell@clarington.net
Attachments
Attachment 1: Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council’s decision:
Nathan Thomas
Melanie Seymour
Alicia Irving
Tracey Ali
BR/CP/df
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0027 6 Mann Street\Staff Reports\PSD-017-17.docx
Attachment 1 to
Municipality of Clarington Report PSD-017-17
Corporation of the Municipality of Clarington
By-law Number 2017-_____
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 ZBA2016-0027; and
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential
Exception ((H)R2-72) Zone" as illustrated on the attached Schedule ‘A’ hereto.
2. Schedule ‘A’ attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2017
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk