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Report To: Planning and Development Committee
Date of Meeting: September 10, 2018
Report Number: PSD-063-18 Resolution Number: PD-152-18
File Number: ZBA2018-0017 By-law Number:
Report Subject: An Application by R. W. Carr Investment Co. for two separate single
detached homes each with a 12.9 metre frontage
Recommendations:
1. That Report PSD-063-18 be received;
2. That the proposed application for Rezoning ZBA2018-0017 continue to be processed
including the preparation of a subsequent report;
3. That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application submitted by R.W. Carr Investment Co. to permit two
single detached house properties; and
4. That all interested parties listed in Report PSD-063-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD-063-18 Page 2
Report Overview
The Municipality is seeking public comments for an application by R. W. Carr Investment Co.
The applicant is proposing to rezone the property 92 Elgin Street to reduce the minimum
frontage to 12.9 metres and divide the property into two single detached house properties.
1 . Application Details
1.1. Owner/Applicant: R. W. Carr Investment Co.
1.2. Proposal: To permit a land division of 92 Elgin Street into two single
detached house properties each with a 12.9 metre frontage —
a reduction of the minimum "Urban Residential Type One
(R1)" frontage necessitating rezoning to an appropriate zone.
1.3. Area: 1,001 square metres (0.247 acres)
1.4. Location: 92 Elgin Street (just south of Second Street) Bowmanville
1.5. Roll Number: 18-17-020-030-04800
1.6. Within Built Boundary: Yes
2. Background
2.1 On June 29, 2018, Ryan W. Carr submitted an application for rezoning to permit the
above proposal. The required documents including plans and a planning justification
report were submitted and the application was deemed complete July 13, 2018.
Municipality of Clarington
Report PSD-063-18 Page 3
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Subject Property
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Figure 1: Key Map
3. Land Characteristics and Surrounding Uses
3.1 The property is a flat urban lot with an existing single detached house and detached
garage. The house is proposed to be demolished although the garage is to be retained.
On Elgin Street some larger frontage lots do exist but, lots behind (west of) the subject
property, across the street (east of) the subject property, and south of the subject
property all have lot frontages similar to the proposed frontages.
Municipality of Clarington
Report PSD-063-18 Page 4
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Figure 2: Looking West at 92 Elgin Street
3.2 The surrounding uses are as follows:
North - Urban Residential
South - Urban Residential
East - Elgin Street and beyond, Urban Residential
West- Urban Residential
4. Provincial Policy
Provincial Policy Statement
4.1 The proposed land division for the creation of one additional single detached building lot
represents intensification within a settlement area utilizing existing services. The
proposal conforms to the Provincial Policy Statement.
Provincial Growth Plan
4.2 The creation of one additional single detached building lot is part of intensification within
a settlement area and efficient use of land and existing services. The proposal
conforms to the Growth Plan.
Municipality of Clarington
Report PSD-063-18 Page 5
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject property Living Area. The
policies of the Plan generally promote infill and intensification. The proposed reduction
of the existing lot frontage by division into two lot frontages and subsequent creation of
one additional single detached building lot conforms to the Durham Regional Official
Plan.
Clarington Official Plan
5.2 The Clarington Official Plan designates the subject property Urban Residential — Low
Density. The proposed reduction of the existing lot frontage by division into two lot
frontages and subsequent creation of one additional single detached building lot
conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject property "Urban Residential Type One (R1)".
The R1 Zone requires a minimum 15 metre frontage and 460 metre lot area for a single
detached dwelling lot.
6.2 The proposed 12.9 metre frontage is a reduction of the minimum 15 metres frontage of
the current "Urban Residential Type One (R1)" zone. The proposed minimum side
yards of 4.0 metres and 0.8 metres also represent a reduction of the minimum 4.5
metres and 1.2 metres of the above current zone requirements.
6.3 The proposed (future severed) parcel on the north part of the property will contain a
proposed detached garage, which does not comply regarding maximum floor area or
maximum building height. Accommodating this design is another part of the rezoning
request. The proposed (future retained) parcel on the south part of the property
contains the existing detached garage, which does not comply regarding maximum floor
area, maximum building height, southern interior side yard setback, and rear yard
setback. Accommodating the existing, to be retained, garage is another part of the
rezoning.
7. Summary of Background Studies
Planning Justification Report
7.1 The report outlined the neighbourhood context and proposed development. It evaluated
the proposed development in the context of the applicable provincial, regional and
Clarington planning policies and regulations to provide planning justification for both the
rezoning and the future land division.
Municipality of Clarington
Report PSD-063-18 Page 6
8. Public Notice and Submissions
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site
and Public Notice Signage was installed on the Elgin Street frontage by August 21,
2018. Although procedures that included minimum sign size were e-mailed to the
applicant along with the sign wording the Public Notice Signage was much smaller than
the specified minimum, about 0.45m instead of 1.0m from top to bottom, and about
0.6m instead of 1.5m from side to side.
8.2 One inquiry regarding the subject application was received at the time this report was
written. An individual phoned asking how many households would live in the
development. This inquirer followed up with an e-mail asking questions about
construction timing, if two houses rather than one was definite and if this could be raised
as an issue at the Public Meeting.
9. Agency Comments
Regional Municipality of Durham
9.1 The Regional Planning and Economic Development Department stated the proposed
zoning by-law amendment was consistent with the Regional Official Plan. A Stage 1
archaeological assessment must be submitted to the Ministry of Tourism, Culture and
Sport for a Ministry clearance letter which the Region must have prior to certification of
the consent to sever or land division. A completed Site Screening Questionnaire or a
Record of Site Condition compliant Phase One Environmental Site Assessment and any
further required studies determining potential contamination on the property must be
submitted. If a Phase One ESA Report is submitted, it must be accompanied by the
Region's "Reliance Letter" and "Certificate of Insurance".
9.2 The Regional Works Department noted the existing dwelling is connected to municipal
sanitary and water services. The existing services can be used but at the consent to
sever stage, an additional sanitary and an additional water connection will have to be
acquired. The applicant may wish to arrange for storm sewer connection with Clarington
at the time.
Veridian Connections
9.3 Standard requirements were stated.
Enbridge Gas Distribution
9.4 The owner/applicant is to verify existing gas servicing does not encroach on more than
one property.
Municipality of Clarington
Report PSD-063-18 Page 7
10. Departmental Comments
Engineering Services
10.1 Engineering Services advised they have no objection to the rezoning and that at the
land division stage the following requirements will apply.
x The Owner will be required to minimize the importing and exporting of material but,
should site alteration works be necessary a permit and/or a soils Management
Report is required;
x A 2.5 metre road widening dedicated to the Municipality is required for Elgin Street;
x Appropriate notes regarding municipal road occupancy are to be placed on all site
plans;
x The Owner shall submit a Servicing Plan and a Lot Grading Plan satisfactory to the
Director of Engineering Services;
x The Owner will be required to make application for an entrance for each proposed
dwelling and such dwelling must be compatible with the proposed entrance and
shall be 100% responsible for all costs;
x The Owner will be required to provide an appropriate cash contribution in lieu of
parkland dedication;
x In addition the Owner will be required to provide standard performance
guarantees.
Building Division
10.2 The Building Division has no comments.
Operations
10.3 No comments were provided.
Emergency and Fire Services
10.4 There were no fire safety concerns.
11 . Discussion
11.1 The existing house is proposed to be demolished and replaced by two new dwellings.
The existing garage would be maintained and a new garage would be built at the rear of
the future northerly lot. The large tree located on the northerly side of the property would
removed.
Municipality of Clarington
Report PSD-063-18 Page 8
11.2 The proposed lots or parcels have considerable depth – over 38 metres resulting in lot
areas considerably larger than the required minimum lot area of the current zoning of
"Urban Residential Type One (R1)".
11.3 For the one inquirer it was explained there would be two single detached lots with one
dwelling each, and each dwelling could have an apartment-in-house giving a maximum
total of four households. It was explained construction timing was largely unknown, and
the rezoning application was for facilitating two houses instead of one in conjunction
with a later land division application.
11.4 The lot contains a large silver maple tree which would be removed to allow a second
house. A condition of approval could require compensation on an aggregate inch
replacement basis with replacement trees planted on and off site.
12. Conclusion
The purpose of this report is to provide background information on the proposal
submitted by R.W. Carr Investment Co. for the Public Meeting under the Planning Act.
Staff will continue processing the application including the preparation of a subsequent
report upon resolution of the identified issues.
13. Strategic Plan Application
Not applicable.
411*c— Z,
Submitted by: Reviewed by: "g,
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(a_clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Ryan Carr, R.W. Carr Investment Co.
Kaitlyn Hill
BR/CP/nl/aw
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