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HomeMy WebLinkAboutPSD-021-12 Clarftwn PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 23, 2012 Resolution#: -J - By-law#: O - -3 Report#: PSD-021-12 File#: ZBA 2012-0004 Subject: TO PERMIT A SIX UNIT APARTMENT BUILDING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-021-12 be received; 2. THAT provided there are no significant issues raised at the public meeting, the application to amend Zoning By-law 84-63 to permit a six unit residential building be approved and that the attached Zoning By-law Amendment be adopted by Council; 3. THAT the Region of Durham and MPAC be notified of Council's decision; and 4. THAT all interested parties listed in Report PSD-021-12 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Cyr. h David . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer NG/CP/df 18 April 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905-623-3379 REPORT NO.: PSD- 021 -12 Page 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: Michael Terry Sullivan 1.2 Proposal: To amend the Urban Residential Type One Exception (R1 -23) Zone to permit the existing six unit apartment building. 1.3 Area: 0.14 ha 1.4 Location: 7 Bernard Street, Part Lot 11, Concession 2, Former Town of Bowmanville (See Attachment 1 — Key Map) 2. BACKGROUND 2.1 On February 27th, 2012, Terry Sullivan submitted an application to amend Zoning By- law 84 -63. The amendment would legalize an existing six unit apartment building. 2.2 In 1989 Council approved an amendment to the Zoning By -law to permit a fourplex at 7 Bernard Street. Renovations were later made to the interior of the building to add two additional units without the necessary approvals. The exterior elevations were not changed. The Municipality became aware of the building containing six units shortly after a recent fire and repairs were needed. The owner has chosen to move forward with legalizing the six unit apartment building through an application to rezone the property. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on Bernard Street, directly north of the CN rail line, within the urban boundary of Bowmanville. Between the building and the rail corridor there is some mature vegetation. The total lot area of the property is 1,383 m2 (0.34 acres) and contains a two storey building with a ground floor area of approximately 230 m2. To the rear (east side) of the building is mature vegetation. 3.2 The abutting residential property to the north is a single- detached dwelling. To the west of the property (4 Bernard Street) is a nine unit apartment building that is two and a half storeys high. The following is an air photo of the site taken in March 2010 and a photograph taken in January 2012 illustrating the existing site and the building across the street. REPORT NO.: PSD- 021 -12 =C .f J - - WU FIGURE 1: Aerial Photo — March 2010 PAGE 3 FIGURE 2: Subject Property — View from Bernard Street REPORT NO.: PSD- 021 -12 PAGE 4 FIGURE 3: Nine Unit Apartment Building at 4 Bernard Street 3.3 The surrounding uses are as follows: North - Single Dwelling Residential Properties South - CN Rail Line East - Vegetation/Vacant Land associated with 192 Liberty Street West - Nine Unit Apartment Building 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement 2005 (PPS) The PPS identifies settlement areas as the focus of growth. Land use patterns within settlement areas shall be based on cost - effective development standards to minimize land consumption and servicing costs. Planning authorities shall promote opportunities for intensification and redevelopment where this can be accommodated, taking into account existing housing stock and the availability existing public services, such as public transit. The subject application is consistent with the PPS. 4.2 Provincial Growth Plan The Provincial Growth Plan directs growth to the built up areas where there is capacity to accommodate expected population growth. Complete communities are lands that offer a mix of housing types with easy access to local stores and services. Transit supportive densities and healthy mix of residential uses are promoted. The Growth Plan principles are supportive of the subject application. REPORT NO.: PSD- 021 -12 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan PAGE 5 The Durham Regional Official Plan designates the subject lands as "Living Areas ", which shall be used predominately for housing purposes. The proposed rezoning application is adding residential units to an existing residential area. The development is a form of intensification and conforms to the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands "Urban Residential" with a Medium Density Symbol. Medium Density policies encourage affordable rental housing and intensification that is compatible and sensitive to the physical character of the neighbourhood. Residential intensification is permitted where there is adequate hard and soft services; access to community facilities, shopping and transit; capacity in road system to accommodate traffic; adequate on -site parking; and the proposal is physically compatible with the surrounding neighbourhood. The subject development conforms to the Municipality of Clarington Official Plan. 6. ZONING BY -LAW 6.1 Zoning By -law 84 -63 zones the subject lands "Urban Residential Type One Exception (R1 -23) ". The R1 -23 Zone permits a fourplex. The subject property was rezoned to permit a fourplex in 1989. The use has converted to a sixplex around 1991 without municipal approvals. The current owner is requesting a site specific rezoning to recognize the additional two units. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. Public meeting signs were installed on the property by March 23, 2012. No inquiries on the application were received from the public at the time of the writing of this report. 8. AGENCY COMMENTS 8.1 The application and supporting documentation was circulated to the Region of Durham Planning Department for review and comment. The Department has no objection to the proposal. 8.2 Central Lake Ontario Conservation Authority reviewed the application and determined that there are no natural features or natural hazards in proximity to the property that would have any impacts on the existing building. As the application is not expanding REPORT NO.: PSD- 021 -12 PAGE 6 the existing structure and would only have minor adjustments to the parking area, the conservation authority has no objections to the application. 9. STAFF COMMENTS 9.1 The subject application resulted from a fire that started in the neighbouring property at 5 Bernard Street and spread to the sixplex. The applicant requires a building permit to restore and repair the damage caused by the fire. In order to move forward with the renovations the applicant must legalize the existing sixplex, since the current zone only permits a fourplex. 9.2 All of the dwelling units do not have access to a common corridor and therefore do not meet the zoning definition of an apartment building. The proposed terminology for the structure is a "sixplex ". The parking requirements under Zoning By -law 84 -63 requires seven parking spaces for the proposed sixplex. The applicant has demonstrated in the site drawings that seven parking spaces will be accommodated on the property. 9.3 The Clarington Operations Department has reviewed the application. They have no objection to the rezoning application. Operations requested a minimum of 2% of the vehicular travelled area be designated and signed for snow storage. The applicant has sufficient space to the south of the parking lot area which will be used as the snow storage area and he has agreed to erect a a sign to indicate the location of the snow storage area. An issue was raised about the garbage bin being located within the road allowance. The submitted plan shows the relocation of the garbage bin to a suitable location. 9.4 The Clarington Emergency and Fire Services had met with the applicant on several occasions to address the fire and safety concerns. The applicant is required to construct a second exit on the second floor and install separate exits in the two units on the lower level, to ensure all units will have two exits. The applicant has submitted revised drawings addressing the Fire Departments concerns. The Emergency and Fire Service Department has no objection to the application. The additional fire exit located on the second floor will comply with the minimum required setbacks for an unenclosed staircase. 9.5 The Clarington Building Division concur with the requirements from the Emergency and Fire Department. 9.6 The Clarington Engineering Service Department has reviewed the application and have no objection to the proposed zoning amendment. 9.7 The subject application has been reviewed with respect to the Provincial Policy Statement, the Durham Region Official Plan, the Municipality of Clarington Official Plan and the Municipality of Clarington Zoning By -law. The rezoning of the subject lands has the effect of providing affordable housing within the built -up urban area of Bowmanville and has the ability to efficiently use existing public services. REPORT NO.: PSD- 021 -12 PAGE 7 9.8 The Clarington Finance Department has confirmed that the taxes have been paid in full for the subject property. 10. CONCURRENCE - Not Applicable 11. CONCLUSION 11.1 In consideration of the above, Staff would offer no objection to the proposed rezoning application. It is recommended that the application to amend Zoning By -law 84 -63 be APPROVED and that Council adopt the Zoning By -law Amendment attached hereto. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Nicole Granzotto, Planner I Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By -law Amendment List of interested parties to be notified of Council's decision: Terry Sullivan Attachment 1 To Report PSD- 021 -12 Attachment 2 To Report PSD- 021 -12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2012- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle 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 ZBA2012 -0004; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 3.16 e., 'The Parking Space Requirement Table" of By -law 84 -63, is amended by adding ", sixplex" after the word fourplex in Residential (i) of the table. 2. Section 12.4.23 "Urban Residential Type One Exception (R1 -23)" of By -law 84- 63 is also amended, by deleting the word "fourplex ", after "shall permit a" and replacing it with the word "sixplex ". 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 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk