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HomeMy WebLinkAboutPSD-022-19Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 1, 2019 Report Number: PSD -022-19 Resolution Number: PD -052-19 File Number: ZBA2018-0017 By-law Number: Report Subject: Rezoning Application by R. W. Carr Investment Co. to permit two single detached homes with a frontage of 12.9 metres at 92 Elgin Street in Bowmanville Recommendations: That the subject property be exempt from the Interim Control By-law 2018-083 in order to allow for development to proceed and that the By-law Amendment contained in Attachment 2 to Report PSD -022-19 be passed; 2. That the application to amend the Zoning By-law submitted by R. W. Carr Investment Co. be approved and that the Zoning By-law Amendment contained in Attachment 3 to Report PSD -022-19 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -022-19 and Council's decision; and 4. That all interested parties listed in Report PSD -022-19 and any delegations be advised of Council's decision. Municipality of Clarington 5 H BSB-002-Vf Report Overview Page 2 The purpose of this report is to recommend approval of the application by R.W. Carr Investment Co. to permit the development of two single detached dwellings at 92 Elgin Street in Bowmanville. The rezoning application was submitted to reduce the minimum frontage requirements from 15 metres to 12.9 metres in order to facilitate a future severance of the lot. The Zoning By-law Amendment recommended by Staff, establishes the zoning provisions applicable to this lot given the context of the surrounding neighbourhood character. A by-law to amend the Interim Control By-law is required to exempt the subject lands and allow development to proceed. 1. Application Details 1.1. Owner/applicant: R.W. Carr Investment Co. 1.2. Proposal: To divide the property at 92 Elgin Street by creating two lots with a frontage of 12.9 metres, a reduction from the minimum 15 metre minimum frontage required in the R1 Zone. The proposal will facilitate the development of two single detached dwellings. 1.3. Area: Approximately 1,000 m2 (0.25 acres) 1.4. Location: 1.5. Roll Number: 1.6. Within Built Boundary: 2. Background 92 Elgin Street, Bowmanville 1817-020-030-04800 Yes 2.1 On June 29, 2018, R.W. Carr Investment Co. submitted an application to rezone the property at 92 Elgin Street in Bowmanville. The rezoning was submitted to seek relief from the minimum 15 metre frontage requirement in the Urban Residential Type One (R1) Zone in order to facilitate a severance of the lot. 2.2 A Public Meeting was held on September 10, 2018 to consult with the public and hear their opinions on the proposal. No one spoke in opposition or in support of the application. One general inquiry was received from the public prior to the Public Meeting. The questions were general in nature about the proposed development. The Municipality has not received any further inquiries regarding the subject application since the writing of that report. 2.3 Seven days after the Public Meeting, on September 17, 2018, Clarington Council passed an Interim Control By-law that included the subject property. The purpose of the by-law is to restrict new development and expansions in established neighbourhoods while a Neighbourhood Character Review Study is undertaken. The study will propose Municipality of Clarington 5 H SSR -002 -TO Page 3 recommended performance standards for properties within the study area and implement them through a zoning by-law amendment. It attempts to provide standards which help maintain the character of the area. 2.4 The subject application, while submitted prior to, must conform to Council's decision. It was not exempt from the Interim Control By-law because a further character analysis and justification was needed before Staff could recommend the application to proceed. Based on the outcome of the analysis further revisions to the proposal may have been required. 2.5 The applicant has since revised the Planning Justification Report to include a study of the surrounding neighbourhood context and demonstrated that the proposed development is compatible. The applicant worked cooperatively with Planning Staff to determine the specific extent of the study area and the character components to review and analyze. A summary of the Planning Justification Report is contained in Section 7 of this report. 2.6 An application for a severance of the subject lot has not as of yet been submitted. The subject property will need to be exempt from the interim control by-law before the severance application can proceed. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is relatively flat and contains an existing single detached dwelling with a detached garage. The property is one lot south of Second Street and fronts onto Elgin Street. A fairly large mature tree was located on the north side of the property. Upon a site visit, it was observed that the silver maple tree had recently been removed. Figure 1 - 92 Elgin Street Municipality of Clarington 5 H BSB-002-Vf Page 4 3.1 The subject property is located within an established residential neighbourhood with a mix of dwelling types and frontages. The surrounding land uses are as follows: North - A mix of one and two storey single detached dwellings. South - Mainly single detached dwellings; semi-detached dwellings are located two lots south of the subject lands (84 and 82 Elgin Street). East - A mix of one and two storey single detached dwellings. West - One storey bungalows. Directly behind the subject property (to the west) are two lots that have similar frontages as the proposal (31 and 33 Lambs Lane). Figure 2 - Subject property shown in red and surrounding context with existing semi-detached dwellings shown in blue 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement states that planning authorities shall permit and facilitate all forms of housing and all forms of residential intensification, including secondary units, where this can be accommodated, taking into account existing building stock and areas. The definition of `intensification' includes the development of vacant or underutilized lots within previously developed areas and infill development among other things. The Municipality of Clarington 5 H BSB-002-Vf Page 5 proposal to create one additional single detached building lot represents an opportunity for redevelopment and intensify within a settlement area utilizing existing services. Provincial Growth Plan 4.2 The proposal is within the Built Boundary of the Growth Plan. The creation of one additional lot is considered intensification within the Urban Area of Bowmanville and contributes to the intensification targets within the existing Built-up Areas. The proposal will make use of existing municipal services. The proposal conforms to the Growth Plan. 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 lot frontage to divide the lot into two separate properties and subsequent creation of one additional lot conforms to the Durham Regional Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject lands Urban Residential. The property is internal to a neighbourhood. Single detached dwellings are permitted uses within this designation. 5.3 The property is located within the Built-up Area of the Municipality. The proposal to create an additional lot contributes towards the municipality's residential intensification target for Bowmanville. Development within the Built-up Areas are encouraged and should be given priority since they are making efficient use of existing services and infrastructure. 5.4 The size of any parcel of land created by a severance should be appropriate for the use proposed and in keeping with the character of the surrounding neighbourhood. New development and redevelopment in existing neighbourhoods are to: a) Respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets and block, the size and configuration of lots, building types of nearby properties, the height and scale of building and the setback of building from the street, rear and side yards; b) In neighbourhoods of historical character, be consistent with the built form pattern of the area; c) Adhere to all relevant Urban Design Guidelines and expectation for high-quality architectural design and sustainable building materials; and d) Maximize opportunities to improve accessibility and pedestrian and cycling systems, enhance neighbourhood and transit connections, and reduce energy, water and resource use. Municipality of Clarington 5 H BSB-002-Vf Page 6 5.5 The proposal is similar to the pattern of lots immediately adjacent to the subject lands. The height and scale of the dwelling units proposed are also similar in scale to those in the surrounding area. Further discussion on the character and design of the dwellings in relation to the neighbourhood character can be found in Section 10 of this report. 5.6 The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type One (R1)". The R1 zone requires a minimum lot frontage of 15 metres. The applicant is proposing to reduce the minimum lot frontage from 15 metres to 12.9 metres. Figure 3 — Site plan showing proposed detached dwellings 54.48 r -T (29.149 Mi 42.312 Ft G2.s M) 42.312 FT (12.t M) t� �2 99i aY ii ii 3 I .r na ro.r 4 EMST GARAGE .. I E t "Cq- 9ED {TO l4FM.d W I FUTURE e i ® GARAGE i ril I gyp' III S` � I I AL n —� I I + L III -----J I ILL I n WM I I 4aw I r I _ I I I I t I I I I I I I I I I I --P, p I LI -- -- 43.312 FT (17.9 M) 42.N2 FT (12.7 M) 84.624 FT (25.g M) ELGIN STREET Figure 3 — Site plan showing proposed detached dwellings Municipality of Clarington 5 H BSB-002-Vf Page 7 General Provisions of Zoning By-law 84-63 6.3 The applicant is proposing to retain the existing detached garage located on the southwest corner of the subject lands and construct a new detached garage on the northwest corner on the severed lot. The maximum lot coverage for all accessory buildings in an Urban Residential Zone is 10%, to a maximum area of 60 m2, whichever is the lesser of the two. Both lots are proposed to be approximately 500 m2 each, which would only allow for a 50 m2 detached garage on each lot. The existing detached garage is approximately 54 m2. This is greater than the permitted floor area and would not comply once the new lot is created. A zoning regulation has been added to the amendment to recognize the existing detached garage floor area of 54 m2. 6.4 The proposed detached garage will comply with the zoning by-law provisions for the total floor area. The proposed detached garage is 49.12 m2. However an increase in the total lot coverage for accessory buildings and structures from 10% to 12% is proposed for both lots to account for the extra area needed to accommodate porches and/or possible future decks. Neighbourhood Character 6.5 In addition to the minimum frontage and accessory structure provisions of the Zoning By- law, additional zone provisions have been proposed to recognize existing character attributes in the surrounding neighbourhood and provide compatibility. Further discussion in this regard is found in Section 10 of this Report. 6.6 Approval of the proposed zoning by-law amendment and the severance application would be dependent on the Municipality's decision to add an exemption to the Interim Control By-law for the subject property. This will allow the development to proceed. 7. Summary of Background Studies Planning Justification Report 7.1 The Planning Justification report submitted in support of the application evaluates the proposed development in the context of the applicable provincial, regional and Clarington planning policies and regulations. It justifies the rezoning and future land division as a form of intensification in an existing neighbourhood. 7.2 The report also outlines the neighbourhood context and discusses how the proposed development is compatible. It summarizes the predominant building characteristics within the study area and compares the proposal with those elements. A summary of those characteristics can be found in Attachment 1 to this Report. Municipality of Clarington 5 H BSB-002-Vf Page 8 ..t -� � ,' ® �'.l : m; .® ® �! •gyp®� WK i_ Figure 4 — Neighbourhood Study Area outlined in red and subject property shown in green Municipality of Clarington Report PSD -022-19 .io�lWIF � sew W - wM `0 i �f1T a�'YtT�QFI FRONT § fYoLrM Figure 5 — Proposed elevations of the two new detached dwellings 8. Agency Comments Regional Municipality of Durham Page 9 8.1 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. 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". 8.2 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 8.3 Standard requirements were provided. Enbridge Gas Distribution 8.4 The owner/applicant is to verify existing gas servicing does not encroach on more than one property. Municipality of Clarington 5 H BSB-002-Vf 9. Departmental Comments 9.1 Engineering Services Page 10 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 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. Other Departmental Comments 9.2 The Building Division, Operations, and Emergency and Fire Services have no concerns with the proposal. 10. Discussion 10.1 The existing house is proposed to be demolished and replaced by two new dwellings. Each new lot is proposed to contain a raised bungalow with an apartment -in-house. An apartment -in-house is permitted in the R1 and R2 zones, as well as the majority of exception zones, provided they meet the parking requirements. The applicant has demonstrated that the proposed driveways will meet the parking requirements and therefore an apartment -in-house is permitted. The existing detached garage is proposed to remain and a new detached garage would be built in the rear yard of the new created lot. 10.2 The proposed lots or parcels have considerable depth — over 38 metres resulting in lot areas larger than the required minimum lot area of the current zoning of "Urban Residential Type One (R1)", but in keeping with surrounding properties. Municipality of Clarington 5 H BSB -002-M Minimum Frontage Requirements Page 11 10.3 The applicant is proposing to divide the existing 25.8 metre residential lot into two lots each having 12.9 metre (42 feet) of frontage on Elgin Street. A rezoning is required to address the deficient lot frontage. 10.4 Based on the Clarington Official Plan policies, the size of any parcel of land created by a severance should be appropriate for the use proposed and in keeping with the character of the surrounding neighbourhood. New development and redevelopment in existing neighbourhoods are to respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets and block, the size and configuration of lots, building types of nearby properties, the height and scale of building and the setback of building from the street, rear and side yards. Architectural style and the placement of vegetation can also play a role in establishing neighbourhood character. The greater the consistency among these various elements, the stronger the character. Once the character is analyzed, it is then easier to determine whether new development will be compatible. 10.5 Houses in this neighbourhood are a mix of single detached dwellings and semi- detached dwellings. Lot frontages are either predominantly greater than 20 metres or between 12 to 15 metres. This indicates a diverse range of lot frontages in the area. There is not one prevalent lot frontage which can guide the character for this area. The diagram below shows the range of lot frontages within the study area. ' 7 N I . Study Area L Q Subject Property i Frontage: Less than 12 metres k Frontage: 12 to 15 metres Frontage: 15 to 20 metres SeconO Street Frontage: Greater than 20 metres ,. "V i • IW � i. a ZB'Q 2018DiO'1 Figure 6 — Range of lot frontages found within the study area Municipality of Clarington 5 H BSB-002-Vf Page 12 10.6 The proposal is compatible with the surrounding neighbourhood. The proposed lot frontages are similar to the pattern of lots immediately adjacent to the subject lands. The proposed lot creation does not set up a future pattern of transition for the neighbourhood since there are many lots in this area that already differ in shape and sizes. The proposal will not destabilize the quality or character of the area. Accessory Buildings and Structures 10.7 If the severance is approved, there will also be an accessory detached garage on a vacant lot. Accessory structures without the principle use being established is not permitted. A building permit for a residential dwelling will need to be submitted prior to the Municipality providing a clearance letter to finalize the severance. This will be a condition of the land severance. Vegetation Removal and Compensation 10.8 The lot contained a large silver maple tree which has been removed to facilitate the second dwelling if the severance is approved. The Municipality's tree by-law does not apply to individual trees on private lots. A few properties in the neighbourhood contain large mature trees and can be a characteristic of this older area. A condition of approval of the severance will require compensation for the mature tree removal with replacement trees planted on the site. Landscaping will assist in achieving compatible development and retaining the community character. Figure 7 - Large mature maple tree located on the subject lands which has been removed Municipality of Clarington 5 H BSB -002 -TO Page 13 Further Zoning Provisions to Address Streetscape 10.9 Staff have provided further performance standards in the proposed zoning by-law amendment to ensure the building envelope is compatible with the surrounding neighbourhood and has minimal impacts on the streetscape and surrounding homes. These standards include maximum building height, roof pitch, detached garage location in the rear yard, porch height and location, the number of doors facing the street, maximum driveway width, and maximum front yard setback. Interim Control By-law Exemption 10.10 The reduced lot frontages and the two new houses would fit well within the neighbourhood and are compatible with the adjacent dwellings found in the area. They do not present an undesirable pattern of development. The lot sizes in this particular area vary significantly. Lot frontages range from 10.1 metres to 25.7 metres and the homes are a mix of bungalows and two storey dwellings. The lot pattern will not negatively impact or prejudice future development in this neighbourhood. Allowing the proposed development to proceed on this lot will not undermine the Municipality's capacity to create a new standard for the study area and it will not adversely impact the character of the neighbourhood, especially since there is an evident variety of frontages and dwelling types already existing in the area. 10.11 It is therefore recommended that the property at 92 Elgin Street be listed as an exemption in the Interim Control By-law to allow for development to proceed. The Zoning by-law amendment proposed for this lot includes site-specific standards to recognize the character attributes of the area and allow the redevelopment of the property in a manner that is compatible with the surrounding context. It also mirrors requirements found in the Interim Control By-law which assist to mitigate impacts on character for applications already in the process when the Interim Control By-law came into effect. 11. Concurrence Not Applicable. 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the rezoning application to permit the development of two single detached dwellings with 12.9 metre frontages at 92 Elgin Street in Bowmanville be approved. It is recommended that the property at 92 Elgin Street be added as an exemption to the Interim Control By-law. It is also recommended that the zoning by-law amendment be approved. The amendment will have the effect of reducing the minimum frontage requirements from 15 metres to 12.9 metres in order to facilitate a future severance of the lot as well as provide provisions to ensure new development is compatible with the character of the area. Municipality of Clarington 5 H BSB -002-M Page 14 Submitted by: Reviewed by: Michael Seaman, MCIP, RPP for Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext.2422 or nzambri(a-),clarington.net Attachments: Attachment 1 — Neighbourhood Attributes Attachment 2 — Amendment to Interim Control By-law Attachment 3 — Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Kaitlyn Hill NZ/CP/MS/nl I:\ADepartment\Application Files\ZBA-Zoning\2018\ZBA2018-0017 92 Elgin Street\Staff Reports\PSD-022-19\PSD-022-19.docxl:\ADepartment\Application Files\ZBA-Zoning\2018\ZBA2018- 0017 92 Elgin Street\Staff Reports\PSD-022-19.docx Attachment 1 to Report PSD -022-19 Table summarizinq the predominant buildinq characteristics in the neiqhbourhood Single Neighbourhood Study Area Dwelling Type 90% Proposal 9 Semi Brick 10% (facingMaterials the street and most dominant) 35% Siding 50% 9 Stucco Porch, stoop, or landin 15% Porches and Stoops 650/,) 9 No porch or stoop 35% Front D.. Faces street 75% 9 Multiple doors 15% Faces side Numberof 0-2 10% Stepsto Main 25% Floor 9 3-5 55% 6 or more 20% Building Height 1 Store 450%/, 1.5 Storeys 50% 9 2 Storeys Hip 5% 45% 9 Gabel 55% Roof Pitch Flat 1:12 to 2:12 5% Low 3:12 to 5:12 40% Medium (6:12 to 8:12) 30% 9 High 9:12 to 12:12 20% Steep (13:12 to 18:12 or hi her 5% • Rear detached 15% 9 Side detached 10% 710% Attached No garage 65% Driveway Width Single 40% 9 Double 40% Triple or greater 20% Note: These calculations exclude the subject property. Neighbourhood Proposal Study Area Vegetation 10% Mature trees 20% Shrubs 60% Plantings 10% Interior .- Yard Setback to: 0 - 0.6 m 15% 0.61-1.2m 35% 1.21 — 3 m 25% 3 m or more 25% Rear Yard Setback to: 7.5 m or less 5% 7.51 m or more 0-3m 95% Front .. Setback to: • 20% 3.1 — 4.5 m 15% 4.51 — 6 m 20% 6.1 m or more Less than 12 m 45% Lot ..- 5% 12.1-15m 35% 15.1 — 20 m 15% 20.1 m or more 45% Note: These calculations exclude the subject property. Attachment 2 to Report PSD -022-19 Corporation of the Municipality of Clarington By-law Number 2019 - being a By-law to amend Interim Control By-law 2018-083; Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2018-083; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 of By-law 2018-083, is revised by adding the following: "h. Two new single detached dwellings located at 92 Elgin Street in accordance with Section 13.4.87 Urban Residential Exception (R2-87) of Zoning By-law 84-63." 2. This By-law shall come into effect on the date of the passing. By -Law passed in open session this day of April, 2019 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 3 to 5 H BSR 00246 Corporation of the Municipality of Clarington By-law Number 2019-. being a By-law to amend By-law 84-63 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 2018-0017. Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is hereby amended by adding thereto, the following new Special Exception zone 13.4.87 as follows: "13.4.87 Urban Residential Exception (R2-87) Zone Notwithstanding Sections 3.1 c), 3.16 c) ii), 13.2 b., c. i), iii), e., g., h., those lands zoned "R2-87" on the Schedules to this By-law shall be subject to the following regulations: a. Lot Frontage (minimum) b. Yard Requirements 12.9 metres i) Front Yard Setback to dwelling (minimum) 4.5 metres to (maximum) 5 metres ii) Interior Side Yard (minimum) 4.3 metres on one side, 1.2 metres on the other C. Building height (maximum) 7 metres F e f. g h A roof pitch (minimum) 4/12 to (maximum) 8/12 Lot coverage (maximum) 35% Lot coverage for accessory buildings and structures (maximum) 12% The location of a detached garage shall only be in the rear yard. An attached garage is not permitted. Total accessory building floor area (maximum) 54 square metres Height for accessory buildings (maximum) 3 metre with a floor area equal to or less than 10 square metres; 4 metres with a floor area greater than 10 square metres Rear and side yard setbacks for accessory buildings (minimum) 0.6 metres k. Driveway width shall be 3.0 metres The dwelling must contain a front porch which faces the street M. Only one door entrance is permitted on the front fagade of the building which must face the street n. Entrances for an apartment -in-house must be located in the side or rear yard unless it is through a common entrance of a front fagade" 2. Schedule '3' is amended by changing the zone designation from "Urban Residential Type One (R1) Zone" to "Urban Residential Exception (R2-87)" as illustrated on the attached Schedule W. 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 of the Planning Act. By -Law passed in open session this day of April, 2019 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk