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HomeMy WebLinkAboutComments A2023-0015 280 King Street East April 27Clar_Wgton Planning and Infrastructure Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 27, 2023 File Numbers: A2023-0015 Address: 280 King Street East, Bowmanville Report Subject: A minor variance to permit a 5-storey apartment building containing 32 dwelling units at 280 King Street East, Bowmanville Recommendations: 1. That the Report for Minor Variance Application A2023-0015 be received. 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2023-0015 for a minor variance to Section 15.2 a. by increasing the maximum density from 85 units per net hectare to 91 units per net hectare be approved as this is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan; and 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2023-015 1. Application Details 1.1 Owner/Applicant: Holland Homes Page 2 1.2 Proposal: A minor variance to permit a 5-storey apartment building containing 32 dwelling units at 280 King Street East, Bowmanville 1.3 Area of Lot: 0.354 hectares 1.4 Location: 280 King Street East, Bowmanville (see Figure 1) 1.5 Legal Description Part Lot 9, Concession 1, Former Township of Darlington 1.6 Zoning Holding - — Urban Residential Exception ((H)R4-26) Zone and Environmental Protection (EP) Zone of Zoning By-law 84-63 1.7 Bowmanville East High -Density Residential and Environmental Protection Area Town Centre Secondary Plan: 1.8 Clarington Official Urban Center and Environment Protection Area Plan Designation 1.9 Durham Region Regional Corridor and Living Areas Plan Designation Municipality of Clarington Committee of Adjustment A2023-015 35 S 3S 45 44 Pond — E t0 31 332 49 48 2i -- $1 47 w �, g z CUMIE CT _2Z 2 ECT W, I w<:9 a lhi� cc 4O1'_ 10 COF'£ T OM.S ry KING STREET E 1u 12 . 1a 140B65 DRIVE 20 9! 41 22 Pro arfw L^rnf ^n A4a ` (8owmanvil[e) - Area Subject To Minor Varian-ce 280 King Street East A2023-0015 Page 3 bww aw44 ' Liu) Figure 1 - Location Municipality of Clarington Committee of Adjustment A2023-0015 Page 4 2. Background 2.1 In 2019, the applicant applied for Site Plan Approval for a 6-storey apartment building containing 26 dwelling units. 2.2 Through the site plan application process and further refinements to the detailed design Staff identified zoning deficiencies related to density, side yard, and front yard setbacks, step back at the 3rd storey and higher, and parking. 2.3 Staff completed the site plan review and provided conditions of site plan approval for a revised site plan for a 6-storey apartment building containing 30 dwelling units. The site plan approval was conditional on the minor variances identified by Staff. In 2020, the Committee of Adjustment approved the minor variance application for the variances identified by Staff. 2.4 Site plan approval was issued in 2020. In 2022, the applicant requested changes to the approved 2020 site plan drawings due to economic challenges that made it impossible to move forward with the project as approved. The revised site plan is for a 5-storey apartment building with 32 units. 2.5 A minor variance is required to increase the maximum permitted density from 85 units per net hectare to 91 units per net hectare. 2.6 The property has a total area of 1.179 hectares. For clarity, the area to be developed is limited to the front of the property along King Street. The developable area is approximately 0.354 hectares and extends north approximately 70+/- metres. The balance of the lands is zoned Environmental Protection (EP) and will be dedicated to the Municipality of Clarington (See Figure 2). Municipality of Clarington Committee of Adiustment A2023-0015 Figure 2 — Proposed Development Page 5 Municipality of Clarington Committee of Adjustment A2023-0015 3. Land Characteristics Page 6 3.1 The subject site is located along the north side of King Street East in Bowmanville, just west of Mearns Avenue. 3.2 A tributary of the Soper Creek runs east -west to the north, and dwellings on existing lots are to the east and west. Glen Hill Strathaven Long -Term Care is located to the west and Bowmanville Mall is located to the south across King Street East. 3.3 The subject site was occupied by a single detached dwelling containing 3 self- contained apartments, and 2 accessory buildings that have been demolished recently in preparation for the future development of the proposed apartment building. 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject site. In addition, a public notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, Staff have received 2 inquiries from nearby residents regarding the application.. The residents have concerns about increased traffic and wanted to know about the future tenure of the building. 4.3 The proposed changes are to reduce the building from 6-storeys to 5-storeys and increase in the number of units from 30 to 32. Neither of these changes will not affect the approved building footprint or is expected to create traffic issues. Regarding the future tenure of the building, the applicant has confirmed that it will be for rentals. 5. Departmental and Agency Comments 5.1 The Development Engineering Division of Planning and Infrastructure Services has reviewed the application and has no objections. 5.2 The Building Division of Planning and Infrastructure Services has reviewed the application and has no objections. 5.3 Clarington Emergency and Fire Services Department has reviewed the application and has no objections. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Both the Regional and Clarington Official Plans permit the multi -unit residential development of the property within higher densities and building heights. Municipality of Clarington Committee of Adjustment A2023-0015 Page 7 6.2 The Clarington Official Plan allows up to 12 storeys and a minimum net density of 120 units per hectare. 6.3 The proposed density of 91 residential units per hectare to allow two more units in the 5-storey apartment building will contribute to achieving the minimum density of 120 units per hectare target in the Clarington Official Plan. 6.4 The Bowmanville East Town Centre Secondary Plan designates the lands High -Density Residential Area and since the lands are located abutting the Regional Transit Spine, the density shall be 60 to 100 units per net residential hectare. An update to the Bowmanville East Town Centre Secondary Plan is underway to bring the secondary plan into conformity with the Official Plan. 6.5 For the above -stated reasons, it is the Staff's opinion that the application conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning By-law 6.6 A minor variance was approved in 2020 to increase the maximum permitted density from 80 to 85 units per net hectare. 6.7 The intent and purpose of the maximum density in the zoning by-law are to limit the scale and number of units for the development. Density requirements are often used together with height and building type permissions. For this site, apartments are permitted with a maximum height of 6 storeys and a maximum density of 85 units per hectare. 6.8 The proposal is to reduce the building height to 5 storeys. The scale of the building will be reduced by decreasing the building height. The internal layout has been modified to accommodate two more units. By increasing the maximum density to 91 units per hectare, the development will continue to conform to the intent and purpose of the Zoning By-law which has the effect of limiting density, height, and built form. 6.9 For the above reasons, it is in Staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building, or structure. 6.10 The proposed residential apartment building is appropriate development for the subject site. The subject site are designated as a High -Density site within an Urban Centre — as defined by the Clarington Official Plan. These types of projects and those with even higher densities and heights are becoming the norm in Urban Centres making use of transit and nearby commercial, institutional, and employment opportunities. 6.11 The proposed building design changes to reduce the building height to 5 storeys have included unique built -form and architectural elements consistent with the municipality's objectives for good quality design on the main street. The proposed building will contribute to enhancing the character of the community. Municipality of Clarington Committee of Adjustment A2023-0015 Page 8 6.12 For the above -stated reasons, it is the Staff's opinion that the minor variance is desirable for the development of land and building. Minor in Nature 6.13 Increasing the density permitted from 85 units per hectare to 91 units per hectare will result in an additional 2 units in the 5-storey building is minor in nature. The building form will satisfy the height regulations in the zoning by-law which requires a maximum height of 6 storeys and will provide a range of housing types and options. 6.14 For the above -stated reasons, it is Staff's opinion that the variance requested in A2023- 0015 is considered to be minor in nature. 7. Conclusion 7.1 Based on Staff's review of the application, the application conforms with the intent and purpose of the Regional and Municipal Official Plans, conforms with the intent and purpose of the Zoning By-law, is desirable for the appropriate use of the land and structure, and is considered to be minor in nature. Municipality of Clarington Committee of Adjustment A2023-0015 Page 9 Given the above comments, Staff recommends approval of the subject application for a minor variance to Section 15.2 a. by increasing the maximum density from 85 units per net hectare to 91 units per net hectare. Submitted by: Amanda Tapp, Manager, Development Review Division Staff Contact: Ruth Porras, Senior Planner, 905-623-3379 extension 2412 or rporras(c�clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Ryan Holland/Katrina Metzner, Holland Homes Violet Cook Murray Marchant