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Report To: Planning and Development Committee
Date of Meeting: September 11, 2017
Report Number: PSD-057-17 Resolution:
File Number: ZBA2017-0022 By-law Number:
Report Subject: An Application by MGM Dream Homes Ltd. to amend the Zoning By-
law to facilitate the creation of one additional single detached
dwelling lot at 505 and 521 King Avenue East, Newcastle
Recommendations:
Provided there are no significant concerns raised during the Public Meeting:
1.That Report PSD-057-17 be received;
2.That the application to amend Zoning By-law 84-63 submitted by MGM Dream Homes
Ltd. be approved and that the draft Zoning By-law Amendment contained in Attachment
2 of Report PSD-057-17 be passed;
3.That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-057-
17 and Council’s decision; and
4.That all interested parties listed in Report PSD-057-17 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD-057-17 Page 2
Report Overview
MGM Dream Homes Ltd. has submitted an application to amend the Zoning By-law. The
amendment is required to facilitate the creation of one additional single detached dwelling
from the properties at 505 and 521 King Avenue East in Newcastle. This report
recommends that Council rezone the subject lands from “Urban Residential Exception (R1-
43)” and “Holding – Urban Residential Type One ((H)R1)” to “Urban Residential Type One
(R1)”.
1. Application Details
1.1. Owner/Applicant: Mina Mikhaiel and MGM Dream Homes Ltd.
1.2. Agent: Paul Demczak, Batory Management
1.3. Proposal: Amend Zoning By-law 84-63 to rezone the subject lands from
“Urban Residential Exception (R1-43)” and “Holding Urban
Residential Type One ((H)R1)” to an appropriate zone to allow the
division on the two existing lots into three single detached lots.
1.4. Area: 0.188 hectares (0.46 acres)
1.5. Location: 505 and 521 King Avenue East, on the south side of King
Avenue East, east of Brookhouse Blvd., Newcastle.
1.6. Roll Numbers: 505 King Avenue East 181703011002128 and
521 King Avenue East 181703011002300
1.7. Within Built Boundary: Yes
2. Background
2.1 On June 21, 2017, MGM Dream Homes Ltd. submitted a rezoning application for 505 and
521 King Avenue East in Newcastle (see Figure 1) to facilitate the creation of one
additional single detached dwelling lot. The existing single detached dwelling and
accessory building at 521 King Avenue East would be demolished. 521 King Avenue
East is recognized as a merit heritage resource on the municipal inventory. The applicant
has submitted a Heritage Impact Assessment with the application.
The applicant submitted applications for consent to Durham Region Land Division
Committee in May 2017. At the July 17, 2017 meeting the applications were conditionally
approved. One of the conditions of approval was the successful rezoning of the
properties and the removal of the holding symbol.
Municipality of Clarington
Report PSD-057-17 Page 3
Figure 1 – Site Location Map
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are relatively flat, sloping slight to the south at the rear of the lot. 521
King Avenue East has an existing one and a half storey dwelling and an accessory
building. 505 King Avenue East is currently vacant.
3.2 The surrounding uses are as follows:
North - Single Detached Dwellings
South - Single Detached Dwellings
East - Single Detached Dwellings
West - Single Detached Dwellings
Municipality of Clarington
Report PSD-057-17 Page 4
3.3 521 King Avenue East is identified on the Municipal Inventory as a Merit Heritage
Resource. 505 King Avenue East is also adjacent to 483 King Avenue East (the
Walbridge house) which is designated under Part IV of the Ontario Heritage Act.
Figure 2 – Existing dwelling and public notice sign on 521 King Avenue East
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. The policy also
requires the conservation of “significant” built heritage resources and cultural heritage
landscapes.
4.2 Provincial Growth Plan
The Growth Plan directs growth to urban areas. The proposed division of two existing
properties to allow an additional single detached dwelling lot fronting onto King Avenue
East is intensification within a settlement area. The proposal will make use of existing
services and infrastructure. The proposal conforms to the Growth Plan.
Municipality of Clarington
Report PSD-057-17 Page 5
5. Official Plans
5.1 Durham Regional 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 lands Urban Residential. The proposal will
result in intensification in an existing neighbourhood which is consistent with the
surrounding dwellings.
The Official Plan encourages the conservation, protection, enhancement and adaptive
reuse of cultural heritage resources. Where the Municipality has identified a property on
the Municipal Inventory has having potential heritage value or interest development on
those lands may occur subject to a Heritage Impact Assessment. Redevelopment of
lands adjacent to a property designated under the Ontario Act may require a heritage
impact assessment to ensure the proposed development will not have a negative impact
on the heritage value of the designated property.
6. Zoning By-law
Zoning By-law 84-63 zones 505 King Avenue East “Urban Residential Exception (R1-43)”
and 521 King Avenue East “Holding – Urban Residential Type One ((H)R1)”. The
proposed severed lot would be zoned half (H)R1 and half R1-43 if the lands were not
rezoned. The holding provision needs to be removed before any portion of those lands
could be constructed. Also, Zoning By-law 84-63 treats zone boundary lines as lot lines
and would making constructing a house on the proposed lot difficult.
The rezoning is required to zone both existing parcels the same and ensure the new
proposed lot would have a single zone on the property.
7. Summary of Background Studies
7.1 Heritage Impact Assessment
Joan Burt Architects prepared the Heritage Impact Assessment. The report details the
history and architectural style of 521 King Avenue East. The house has been identified
as the “Toll House”, the home provided to the toll gate keeper by Clarke Township. The
exact date of construction of the Toll House is unknown but construction was complete
prior to 1857 as records show tolls were being collected during 1857. Toll collection was
abolished in January of 1883. The report raises concerns about the existing structure
being the structure that was used as the Toll House during the mid-1800’s. The building
was described in 1861 as a one storey frame building and the current structure is a one
and a half storey structure that appears to be of brick construction. The interior has also
Municipality of Clarington
Report PSD-057-17 Page 6
been modified and it is difficult to determine how the building may have functioned as a
Toll House. The report indicates that due to the modifications it is difficult to determine if
the existing structure was the one used as the Toll House and how it may have appeared
at that time.
If the existing structure is the original structure used for the Toll House historical
descriptions of the building suggest the structure has been significantly modified over the
years. The existing structure displays basic symmetrical Georgian form with a three bay
design with a central door and windows on both sides and a gable roof. This was a
common vernacular building form found throughout Ontario during this time period. The
report indicates that the materials and construction techniques appear to be average, with
some of the more recent additions being poor.
The existing structure is within the existing King Avenue East road allowance. The
structure would need to be relocated if it were to remain which also affects the contextual
heritage value of a Toll House. The report concludes that the building does not meet the
requirements of designation under the Ontario Heritage Act.
The report also examines the potential impact the new proposed single detached
dwellings would have on 483 King Avenue East, The Walbridge House. The Walbridge
House is designated under Part IV of the Ontario Heritage Act. Development applications
adjacent to designated buildings must not have a negative impact on the heritage value
and significance of those properties. The report identifies that the Walbridge House has
had a prominent visual presence on King Avenue East for a significant amount of time.
The applicants are proposing to set the new dwelling back significantly from the road
which will allow the prominent visual presence of the Walbridge House to remain. The
report concludes that there will be no negative impacts on The Walbridge House.
8. Public Notice and Submissions
Public notice was mailed to each landowner within 120 metres of the subject lands on
August 10, 2017 and a public meeting sign was installed fronting onto King Avenue East
August 13, 2017.
One area resident contacted staff seeking further information and expressing concerns
with the potential side yard setbacks, general location of the proposed dwellings and
potential impacts on their privacy.
9. Age ncy Comments
9.1 The Region of Durham Planning and Economic Development Department that the Region
of Durham Official Plan designates that subject lands as Living Areas and promotes
intensification of existing areas. The Regions Official Plan encourages municipalities to
conserve and protect cultural heritage resources. Provided the applicants can
demonstrate that the property at 521 King Avenue East is not a significant heritage
resource they have no concerns.
Municipality of Clarington
Report PSD-057-17 Page 7
9.2 The Region of Durham Works Department have indicated that services are available for
the properties and that a road widening was required as part of the conditional approval
of the severance applications. They have no concerns.
9.3 Veridian Connections and Enbridge Gas have no objections or concerns.
9.4 The Public School Board and Separate School Boards have not provided any comments
at the time of writing this report. The application was circulated July 10, 2017.
10. Departmental Comments
Clarington Engineering Department, Building Division and Emergency and Fire Services
have no objections or concerns.
11. Discussion
11.1 The subject lands are two existing lots that both currently permit single detached
dwellings but are zoned differently. The proposed new lot in the middle would be zoned
approximately half R1-43 and half (H)R1. The holding provision would need to be lifted
prior to any building on that portion of the subject lands. Zoning By-law 84-63 treats zone
boundary lines like property lines which would make building a dwelling on the proposed
lot difficult. The rezoning is required to avoid the proposed new lot from having multiple
zones and to remove the holding provision.
11.2 505 King Avenue East is currently zoned R1-43. 505 King Avenue East was previously
owned by the applicants who developed the subdivision south of the subject lands on
William Jose Court. The property was included in the approved subdivision and zoned
the same as the lots on William Jose Court despite not being developed with the
subdivision. 521 King Avenue East is zoned (H)R1.
11.3 The rezoning application will not reduce the development provisions that are in place for
the current lots with regards to side yard and rear yard setbacks from the Walbridge
House or any other adjacent property. The new dwellings will maintain a minimum of 15
metre frontage and be required to maintain a minimum of 1.2 metre side yard setback
and 7.5 metre rear yard setback. Those are the same provisions in place today for the
existing zones on the properties. The applicant has proposed the new dwellings to be
setback from King Avenue East to maintain the front yard setbacks of the existing
streetscape. Setting the new dwellings back will also ensure that the Walbridge House’s
visibility along King Avenue East is maintained. The by-law has been drafted to reinforce
the existing streetscape front yard setbacks. The existing dwellings maintain an average
front yard setback of approximately 11.5 metres from the existing road allowance. Due to
2 metre road widening that was taken from the subject lands as a requirement of the
condition severance approval, the minimum front yard setback will be 9.5 metres, giving
the same appearance regarding setbacks.
Municipality of Clarington
Report PSD-057-17 Page 8
11.4 The Clarington Heritage Committee has been aware that Toll House property has been
for sale over the last number of years. A previous owner of the property tried to have the
building relocated if someone wanted the building but that effort was unsuccessful. The
committee has been made aware of the application and was circulated the Heritage
Impact Assessment. The committee does not meet during July and August and has not
met to discuss this proposal specifically; however, staff have not been made aware of any
objections at this time.
11.5 The proposed infill development will utilize existing municipal services and is generally
consistent with Provincial, Durham Regional and Clarington land use policies.
12. Concurrence
Not Applicable.
13. Conclusion
In consideration of all agency and staff comments, it is respectfully recommended that the
application to amend the Zoning By-law (see Attachment 1) be approved provided there
are no significant concerns raised be the public.
14. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext.2424 or bweiler@clarington.net
Attachments
Attachment 1: Zoning By-law Amendment
List of interested parties to be notified of Council's decision is listed below:
MGM Dream Homes Ltd.
Batory Management
BW/CP/tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0022 505 and 521 King Ave E\Application\Staff Report\PSD-057-17 Staff Report.docx
Municipality of Clarington Attachment 1 to
Report PSD-057-17
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 ZBA2017-0022;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
2. Section 12.4 “Special Exceptions – Urban Residential Type One (R1) ZONE” is
hereby amended by adding thereto, the following new Special Exception zone
12.4.96 as follows:
“12.4.96 Urban Residential Exception (R1-96) Zone
Notwithstanding the provisions of 12.2 d. i) those lands zoned “R1-96” on the
Schedules to this By-law shall be subject to the following regulations:
a. Yard Requirements
i) Front Yard (Minimum) 9.5 metres
(Maximum) 11 metres
2. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Urban Residential Exception (R1-43) Zone" and
(Holding – Urban Residential Type One (R1) Zone” to "Urban Residential
Exception (R1-96) 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 Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2017
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk