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Home My WebLink AboutPSD-082-17Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the $ FF H V V L E L am9Q5-&23x3379 &xtR2 R U G L Q D W R U Report To: Planning and Development Committee Date of Meeting: November 13, 2017 Report Number: PSD -082-17 Resolution Number: PD -206-17, PD -234-17 & PD -235-17 File Number: ZBA 2016-0023 By-law Number: 2017-101 Report Subject: An Application by South Bowmanville Limited to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings Recommendations: That Report PSD -082-17 be received; 2. That the application to amend the Zoning By-law submitted by South Bowmanville Ltd. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -082-17 be passed; 3. That the boulevard area shown in Attachment 2 to Report PSD -082-17 be declared surplus and be sold to South Bowmanville Limited for the sum of $2.00 and that such lands be consolidated with Lot 32, Lot 61 and Lot 62 as shown in Figure 6 for no additional fee; 4. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -082-17 and Council's decision; and 6. That all interested parties listed in Report PSD -082-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -082-17 Report Overview Page 2 It is recommended that the application to rezone the rear portion of the lot known as 46 Mill Lane, Bowmanville, to permit the creation of two residential building lots fronting onto Terry Crescent be approved. 1. Application Details 1.1. Owner: Michelle Pigeon and Jimmy Blondin 1.2. Applicant: Weston Consulting on behalf of South Bowmanville Ltd. 1.3. Proposal: To rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings 1.4. Area: 968 square metres 1.5. Location: 46 Mill Lane, Bowmanville (see Figure 1) 1.6. Roll Number: 181702001015600 1.7. Within Built Boundary: Yes Figure 1: Subject lands and surrounding area Municipality of Clarington Report PSD -082-17 Page 3 2. Background 2.1 On September 11, 2017, a Public Meeting was held to consider the subject application. The applicant is seeking to rezone the rear portion of the property known as 46 Mill Lane in Bowmanville from Urban Residential Type One (R1) to Urban Residential Exception (R2-54) to accommodate the proposed severances shown in Figure 2. Lot 48 Lot 49 Crosswinds Jo Subdivision Overland Flow Channel Lot 50 Boundary 9� Lot 53 Lot 51 54 Mill Lane Lot 54 Lot 52 c m U Lot 55 U 50 Mill Lane Lot 34 Lot 33 Lot 56 H � c� Severed Lot 61 Retained Lot 46 Mill Lane Severed Lot 62 42 Mill Lane Lot 30 Lot 31 Lot 32 40 Mill Lane N 38 Mill Lane ZBA 2017-0000 Figure 2: Proposed Lots 2.2 Concurrent applications were submitted to the Durham Land Division Committee in 2016. These applications were considered premature and were tabled at the January 16, 2017 meeting. Approval of the proposed Zoning By-law amendment would allow these applications to proceed. Municipality of Clarington Report PSD -082-17 2.3 A number of studies were submitted and circulated for comments. x Planning Justification Report x Stage 1 Archeological Assessment x Environmental Site Assessment x Functional Servicing Report and Stormwater Management Report x Tree Preservation and Arborist Report 3. Land Characteristics and Surrounding Uses 3.1 The surrounding uses are as follows: North - Residential lot with registered plan of subdivision 40M-2599 South - Existing residential rear yard East - Existing single detached dwelling on proposed retained lot West - Terry Crescent and residential lands under development Page 4 3.2 The subject lands are located towards the north end of Mill Lane in Bowmanville, an older residential lane located west of West Scugog Lane. Lots on Mill Lane tend to be larger and wider than typical subdivision lots, as these are serviced with private sewage systems. Frontages on the north -south portion of Mill Lane range from approximately 15 metres to 47 metres and lot areas for the same portion range from approximately 705 mZ to 3,900 mZ. The proposed retained lot would have an area of approximately 1,035 mZ and frontage of 24.38 metres. 4. Provincial Policy 4.1 Provincial Policy Statement Municipalities shall encourage opportunities for intensification and redevelopment in urban areas where this can be accommodated taking into consideration the existing character of the neighbourhood and existing infrastructure and public service facilities. This application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan The subject lands are located within the built-up area of Bowmanville. A significant portion of new growth is to be directed to the built-up areas through intensification where existing municipal water and wastewater services are or will be available. This application conforms with Growth Plan policies. Municipality of Clarington Report PSD -082-17 5. Official Plans 5.1 Durham Regional Official Plan Page 5 The Durham Region Official Plan designates the lands Living Areas. These lands shall be used predominantly for housing purposes and shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. This application conforms to the policies of the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands Urban Residential. The predominant use of lands designated Urban Residential shall be for housing purposes. This application proposing to allow two additional single detached dwellings within the built up area conforms to the policies of the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Urban Residential Type One (R1). The R1 zone allows single detached dwellings based on 15 metres of frontage and 460 mZ lot area as well as semi-detached dwellings with 18 metres of frontage and 560 mZ of lot area. The retained parcel with the existing dwelling complies with the R1 zone provisions, however the proposed severed lots do not. The proposed R2-54 zone would allow for the two lots. 7. Summary of Background Studies 7.1 Planning Justification Report A Planning Justification Report was not required however one was submitted with the application. The Report concludes that the proposed rezoning would facilitate efficient and compatible infill development within a built-up area of Bowmanville and represents good planning. 7.2 Environmental Site Assessment Phase One and Two Environmental Site Assessment (ESA) reports were submitted in support of the rezoning application in June, 2017. Potentially contaminating activities were identified both on the site and immediately adjacent to the site including former orchards and an above ground heating oil storage tank. Three boreholes were drilled on the subject parcel and appropriate samples collected for analysis. Results of the analysis are within the Ministry of Environment and Climate Change standards range for residential property use. The Phase Two ESA report concludes that there is a low level of concern from an environmental perspective and that the property is suitable for the proposed residential use with no further testing required. Municipality of Clarington Report PSD -082-17 7.3 Tree Preservation Plan Page 6 Several trees near the property lines of the subject property are listed for removal as part of the adjacent Crosswinds subdivision development. Tree number 53 (Black Walnut) on the Tree Preservation Plan, which is located near the southwest corner of the subject property is proposed to be removed due to grading and construction impacts. The plan has been revised to show the cedar hedge along the southern property line of 46 Mill Lane. The applicant's arborist has submitted a letter stating that it is not feasible to retain this hedge. 7.4 Archaeological Assessment The Archaeological Assessment of the subject property was conducted by the shovel test pit method at five metre intervals across the proposed severed portion of the lot where no structures existed. No archaeological finds were encountered during the course of the fieldwork conducted in August, 2016. The assessment report concludes that the proposed lots raise no concern of impacts to archaeological resources. 7.5 Functional Servicing and Stormwater Management Report Storm drainage from the new subdivision is directed to the storm sewer system under West Scugog Lane and outlets to the Jackman Stormwater Management Facility. Major storm events would result in overland flow directed to West Scugog Lane, ultimately discharging to the Bowmanville Creek at Longworth Avenue. Historically storm water has drained from north west to south east across the subject lands. The proposed lots would have split drainage due to grading constraints and not all stormwater would be captured on site. Capturing a portion of stormwater from the proposed lots and directing it to the sewer will improve the existing conditions. Sanitary sewer and water supply connections for the proposed lots will be via Terry Crescent to the west. As 46 Mill Lane currently has a septic system in the rear yard, the sanitary sewer is being extended south on Mill Lane allowing the existing dwelling to be connected so that the septic system can be removed. The dwelling is already connected to municipal water supply. 8. Public Submissions 8.1 Six residents spoke in opposition to the application at the Public Meeting. No one other than the consultant's applicant spoke in support. Concerns expressed by residents at the Public Meeting and subsequent Planning and Development Committee meeting include the following: x Drainage swales, particularly on lot 32 x Overland flow of storm water from development south onto Mill Lane properties x Possible impact of development on adjacent septic systems x High ground water table in the general area x Current disruption due to construction x Lot premiums charged for lot 32 and 56 in Crosswinds subdivision Municipality of Clarington Report PSD -082-17 Page 7 8.2 Additional concerns have been raised about the Crosswinds subdivision development such as tree preservation, lot grading and disposal of rocks. Clarington Engineering is aware of these concerns and they are being addressed through the inspection and complaint process. 9. Agency Comments 9.1 Regional Municipality of Durham The Region notes that the concurrent land division applications are premature until this rezoning has been approved. The Phase One and Two ESA reports submitted in support of the rezoning are generally acceptable though the final review will be conducted by the Region through the Land Division process when it resumes. The Region requires that a Regional Reliance Letter and Certificate of Insurance be submitted to accompany the ESA reports. The Region has reviewed the Archaeological Assessment submitted and requires that a copy be provided to the Ministry of Tourism, Culture and Sport for their review and clearance letter. If the clearance letter is not received prior to approval of the rezoning, the Region recommends that a Holding (H) provision be placed on the zoning until the letter is received. The Durham Works Department note that all servicing related matters will be addressed through the Land Division applications. 9.2 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority does not have any objection to the rezoning application to facilitate the creation of two additional lots. Central Lake Ontario Conservation Authority recommends that the lots be included in the engineering plans for the adjacent subdivision and that detailed grading should be submitted to ensure that the grading is coordinated with the subdivision. 10. Departmental Comments 10.1 Engineering Services The Engineering Services Department generally finds the most recent grading and servicing plan to be acceptable. Engineering requirements will be captured and secured for through the development agreement that would follow as a condition of approval of the Land Division process. 10.2 Emergency and Fire Services No objection to the proposed rezoning. 10.3 Building Division No objection to the proposed rezoning. Municipality of Clarington Report PSD -082-17 Page 8 11. Discussion 11.1 Overland flow of storm water from the development lands south onto Mill Lane properties will be reduced below pre -construction levels by the grading work and the storm sewer system that is being installed in the Crosswinds subdivision. The subject lands will be graded and serviced to tie into the subdivision development alleviating an additional area where overland flow current drains south easterly. Possible impact of development on adjacent septic systems due to a high ground water table and overland flow is minimized by the implementation of the approved grading and servicing plans as shown on Figure 3. p w .R _ 43 [ 46 "M I x 47Q i41 _ 4 48e 4 V40 s� MI. 4- N39 y+ q% 50R -}� 141 33 72 11 70 521 vv �rm rm r ro iro R . A W _ 6s 77 - 18 -19 ryeciF PRE -DEVELOPMENT AREA BOUNDARY OF Nay SURFACE WATER Wa__ DRAINAGE TO MILL LANE i — �p � C 3RB-. gg p. 43� F a,s.orerM.ww�sa w \ i 6 � 5 41 t]5S &f�mfii.. 3lill 32 0. � 7.7 �•azocK®I:�a R?�. o r Boron �•j� _, e � 53 nao 7gypy��s��. •7 99,54 co L � SSI - X01 A�,� ♦ . ��.� • �{�,\\\ mwnrrw�Trrt<vm s. POST -DEVELOPMENT AREA OF SURFACE WATER DRAINAGE TO MILL LANE Figure 3: Pre and post development drainage areas 11.2 While a small portion of the area that has always flowed in a south easterly direction towards lots on Mill Lane will continue to do so, the majority of the land and water will be directed by the storm sewer system to the Bowmanville Creek. Staff from Planning Services and Engineering Services recently met with Robert Tompkins and Dawn Wheeler to discuss grading and drainage in light of what has previously been approved in .R _ 43 4 48- a 46 I x 47Q i41 _ 4 48e 4 V40 4- N39 y+ q% 50R �. R +a 3374 521 i � iN 33 41 t]5S &f�mfii.. 3lill 32 0. � 7.7 �•azocK®I:�a R?�. o r Boron �•j� _, e � 53 nao 7gypy��s��. •7 99,54 co L � SSI - X01 A�,� ♦ . ��.� • �{�,\\\ mwnrrw�Trrt<vm s. POST -DEVELOPMENT AREA OF SURFACE WATER DRAINAGE TO MILL LANE Figure 3: Pre and post development drainage areas 11.2 While a small portion of the area that has always flowed in a south easterly direction towards lots on Mill Lane will continue to do so, the majority of the land and water will be directed by the storm sewer system to the Bowmanville Creek. Staff from Planning Services and Engineering Services recently met with Robert Tompkins and Dawn Wheeler to discuss grading and drainage in light of what has previously been approved in Municipality of Clarington Report PSD -082-17 Page 9 the Crosswinds subdivision and what is recommended for approval through this application and the subsequent Land Division application. All plans and supporting documents were available for their review at that meeting. 11.3 The tree preservation plan identified a Walnut tree at the rear of 46 Mill Lane. It has been revised to show the hedge along the property line between 42 and 46 Mill Lane. The tree and hedge are identified on Figure 4.The applicant's arborist has also provided further comments in support of removing the Black Walnut tree located near the southwest corner of the 46 Mill Lane property. Based on the proposed grading and previous pruning of the Black Walnut tree, the arborist recommends removal of the tree and the hedge. Staff have received correspondence from Robert Tompkins of 42 Mill Lane stating his agreement that this tree and the hedge should be removed by the developer at their expense. While Staff support retaining trees and hedges where possible, it does not appear to be feasible to do so in this case. Figure 4: Black Walnut Tree and Cedar Hedge 11.4 In addition to the issues raised about grading, drainage and trees, Committee members expressed significant concern about the potential that some purchasers in the Crosswinds subdivision had been provided information that led them to pay inappropriate lot premiums. Following the Public Meeting of September 11, 2017, the Committee passed a resolution requiring "that the owners attend the next Planning and Development Committee meeting of October 2, 2017 to address questions raised". The owner provided a letter to Committee members prior to the meeting of October 2 to address the lot premiums that were paid by purchasers in the Crosswinds subdivision and Eddy Chan, Director of Land Development, Delpark Homes and Darren Marks, GHD Limited appeared at the meeting to answer questions. Having reviewed the information provided regarding lot premiums, it would appear that the amounts were commensurate to what Municipality of Clarington Report PSD -082-17 Page 10 the purchasers will receive in terms of additional lot depth and, in the case of Lot 32, backing onto open space. 11.5 Committee members also expressed concern about the odd configuration of lots along the south and east sides of Terry Crescent where it makes the corner at lots 32 and 62. This current configuration produces an area in the boulevard that is adjacent to the front yards of both lot 32 and 62, shown as the green rectangle in Figure 5. It is not immediately clear whose responsibility this boulevard is to maintain since it is in front of two lots. Staff have not been able to locate a comparable situation. Figure 5: Existing Boulevard Area 11.6 Typically, lots around a corner such as this would be pie shaped with a narrow frontage and widening towards the rear of the lot. With pie shaped lots there is still overlook of neighbouring driveways, particularly in the road allowance. However, the side lot lines of each lot are deemed to extend to the curb in order to determine responsibility for maintenance in front of an owner's property. In this case, the Crosswinds subdivision was approved at a time when no additional lands were available outside of the limits of the subdivision, hence the square in the boulevard. More recently, the rear of 46 Mill Lane has been made available for development. Lot 56 Lot 61 Lot 62 Lot 31 Lot 32 0 N o ZBA 2016.0023 Figure 5: Existing Boulevard Area 11.6 Typically, lots around a corner such as this would be pie shaped with a narrow frontage and widening towards the rear of the lot. With pie shaped lots there is still overlook of neighbouring driveways, particularly in the road allowance. However, the side lot lines of each lot are deemed to extend to the curb in order to determine responsibility for maintenance in front of an owner's property. In this case, the Crosswinds subdivision was approved at a time when no additional lands were available outside of the limits of the subdivision, hence the square in the boulevard. More recently, the rear of 46 Mill Lane has been made available for development. Municipality of Clarington Report PSD -082-17 Page 11 11.7 Planning and Engineering staff have reviewed various solutions to help mitigate any confusion regarding boulevard maintenance and the appearance of the driveway from one lot to be in front of another lot. Staff are recommending that the solution illustrated in Figure 6 be implemented by declaring a portion of the boulevard as surplus land and that this surplus land be added to lots 32, 61 and 62 as shown. The red dashed lines in Figure 6 represent the current front property lines of lot 32 (approved), 61 and 62 (proposed). It is recommended that the property line be revised as illustrated by the solid red line, which follows the curvature of the road. Lot 56 Lot 61 Lot 62 (I Lot 31 Lot 32 N 0 o ZBA 2016-0023 X Figure 6: Proposed Boulevard Solution 11.8 The solid red line with a west northwest direction between lots 32 and 62 (Figure 6) becomes a side lot line. Staff have notified the applicant and the purchaser of lot 32 to advise them of the recommended boulevard solution. No objection by either party has been stated. As a condition of Land Division, Staff will recommend planting 2 or 3 trees along the proposed side lot line between lot 32 and 62 to screen the driveways of lot 32 and 62 from the front windows of each other's homes. A street tree may also be planted in the boulevard along the extension of that side lot line. Details such as this will be handled through the Land Division process. Municipality of Clarington Report PSD -082-17 12. Conclusion Page 12 In consideration of all agency, staff and public comments, it is respectfully recommended that the applications to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings be approved. 13. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(a-)-cl ari ngton. net Attachments: Attachment 1 — By4 and Key Map Attachment 2 — Ma S showing lands to be ddred surplus The following is a list of the interested parties to be notified of Council's decision: Robert Tompkins Dawn Wheeler Scott Parsons Theresa Vanderwerf Walter Curr Paul Jefferson Jimmy Blondin M M/C P/tg I:NDepartment\LDO NEW FILING SYSTEMWpplication Files�ZBA-Zoning�2016�ZBA2016-0023 46 Mill Lane\Staff ReportTSD-082-17.docx Attachment 1 to Report PSD -082-17 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 ZBA 2016-0023; 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: "Urban Residential Type One (R1) Zone" to "Holding Urban Residential Exception (H)(R2-54) Zone"; and "Urban Residential Exception (R2-55) Zone" to "Holding Urban Residential Exception (H)(R2-54) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. 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 12017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\P & D November 13, 2017\PSD-082-17\PSD-082-17 Attachment 1.docx This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. 4 I � I I l V I I y 1 J I I � y 1 I I 1 I I tI___--____ 1 I I I I I 1 ----------- I 1 I I I 1 I ----------- I I 1 ---- -----A ------------- 'PA ` (P I 1 , 0 UO I I\♦ I - --L----- G) 17- z Z M Zoning Change From 'R2-55' To '(H)R2-54' Zoning Change From 'R1' To '(H)R2-54' !V Zoning To Remain 'R1' Bowmanville • ZBA 2016-0023 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 2 to Report PSD -082-17 Map showing Lands to be Declared Surplus