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ciff-mgmn Report
Planning Services
Meeting: General Purpose and Administration Committee
Date: September 8, 2014 Resolution: (APR-6'� .�� i By-law: �D 0\tA — \DC)
Report: PSD-048-14 File: ZBA 2014-0014
Subject: Application to permit four semi-detached/linked lots (8 units) having a
minimum lot frontage 17 metres
Applicant: Zemer Holdings Ltd.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
a) That Report PSD-048-14 be received;
b) That the application to amend the Zoning By-law 84-63 submitted by Zemer Holdings Ltd.
be approved, and that the Zoning By-law Amendment, as contained in Attachment 1 to
Report PSD-048-14, be passed;
c) That once all conditions related to the creation of the lots and extension of Cotton Street
have been satisfied as outlined in the Clarington Official Plan with respect to the removal
of the (H) Holding Symbol, the By-law authorizing the removal of the (H) Holding Symbol
be forwarded to Council for approval;
d) That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-048-14
and Council's decision; and
e) That all interested parties listed in Report PSD-048-14 and any delegations be advised of
Council's decision.
Submitted by: _ Reviewed by:
Davi rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Municipality of Clarington
Report PSD-048-14 Page 2
Report Overview
Approval is recommended to rezone four existing, vacant lots at the north end of Cotton Street,
two on either side of the street, to be used for the construction of a total of eight semi-
detached/link dwellings lots. The four lots will have 17.0 metre frontages, ultimately 8.5 metre
frontages for each semi-detached or link dwelling.
Application Details
1. Owner/Applicant: Zemer Holdings Ltd.
2. Agent: Michael Smith Planning Consultants Development Coordinators Ltd.
3. Proposal: Amendment to Zoning By-law 84-63 to permit four semi-
detached/linked lots (8 units) having a frontage of 17 metres (8.5
metres per unit)
4. Area: 0.24 hectare (0.59 acre)
5. Location: Lots 69, 70, 71 and 72, Plan 40M-2048, being located in Part Lot 8,
Concession 2, former Town of Bowmanville
Background
6. The rezoning application proposes to rezone the four lots at the north end of Cotton Street.
Two most northerly lots, on either side of Cotton Street (Lots 70 and 71, Plan 40M-2048),
have a frontage of 16 metres for single-detached dwellings. The two southerly lots (Lots 69
and 72, Plan 40M-2048) have a frontage of 18 metres to be divided in two 9 metre wide
semi-detached/linked lots each. The proposal is to create two semi-detached/linked lots
(four units) on each side of Cotton Street with a frontage of 17 metres to allow for the
construction of a total of eight dwellings, as opposed to the currently approved six units;
three per side (Figure 1). The subject application was received April 14, 2014.
7. The Owner of the subject lands also has an application for proposed plan of subdivision
on the lands immediately to the north. A recommendation report on the adjacent lands
is also on the agenda for Committee's consideration, PSD-047-14.
Land Characteristics and Surrounding Uses
8. The subject lands (Figure 1) are located on either side of the north terminus of Cotton
Street and are currently vacant. There are roads and services connected to the subject
lands as it is within the registered subdivision plan 40M-2048, which is otherwise
completely built out with low and medium density residential dwellings. The lands slope
gently to the east towards the Soper Creek valley.
Municipality of Clarington
Report PSD-048-14 Page 3
9. The surrounding uses are as follow:
North: Urban Residential with one single detached dwelling, subject to
application for proposed draft plan of subdivision and rezoning
South: Low density residential neighbourhood
East: Valley lands associated with the Soper Creek
West: Townhouse condominium development
N Property Location Map(Bowmanvllle)
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®Registered Plan 40M-2048 Lots 69,70,71 and 72
Proposed Lot Severances f=s.
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\1d) ZBA 2014-0014
— _ i Zoning By-Law Amendment
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ZBA 2014.0041 Applicant: Zemer Holdings Ltd
Figure 1: Property location map for the subject lands
Municipality of Clarington
Report PSD-048-14 Page 4
Subject Property
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l Figure 2: Air photo of site and surrounding lands
Provincial Policy
Provincial Policy Statement (PPS)
10. The Provincial Policy Statement of 2014 identifies "Settlement Areas" as the focus of
growth. Land use patterns shall be based on densities and a mix of land uses that
efficiently use land, resources and infrastructure. Furthermore, planning authorities
shall promote opportunities for intensification where this can be accommodated taking
into account the availability of suitable existing or planned infrastructure and public
service facilities required to accommodate projected needs. The application is
consistent with the PPS.
Provincial Growth Plan
11. The Growth Plan for the Greater Golden Horseshoe, 2006 contains guiding principles to
optimize the use of existing and new infrastructure to support growth in a compact,
efficient form. The Growth Plan also provides direction for the Municipality to manage
growth by directing development to settlement areas, preferably through the
intensification of existing lands, and that a minimum of 40% of all residential
development occurring annually within each upper-tier municipality be within the "Built-
up Area".
Municipality of Clarington
Report PSD-048-14 Page 5
12. The subject lands are located within the provincially defined "Built Boundary" where
intensification and efficient utilization of existing infrastructure is encouraged.
13. The application conforms to the principles of the Growth Plan.
Official Plans
Durham Regional Official Plan
14. The Durham Regional Official Plan designates the subject lands as "Living Areas",
which aims to provide a full range of housing that will be developed in a cost-effective
and efficient manner and create a living environment that is safe and in harmony with
nature. "Living Areas" shall be used predominantly for housing purposes.
15. The proposed application utilizes existing infrastructure efficiently and its intended end
use for semi-detached/linked dwellings is consistent with the adjacent lands. Therefore,
this application conforms with the Durham Regional Official Plan.
Clarington Official Plan
16. The Clarington Official Plan designates the subject lands as low density "Urban
Residential" areas. The predominant housing form is single, semi-detached/link and
duplex dwellings. The built form and density intended for the proposed application is
thus consistent with the Clarington Official Plan.
Zoning By-Law
17. Zoning By-law 84-63 zones the subject lands as "Urban Residential Type One (R1)",
which permits the residential use of the lands for single, semi-detached/linked, duplex
dwellings, and home occupation purposes. This zone requires a minimum lot frontage of
18 metres for semi-detached/linked and duplex dwellings, and a minimum of 15 metres
for single detached dwellings.
18. The proposed Zoning By-law amendment would allow for a minimum lot frontage of 17
metres for semi-detached/linked dwellings on the subject lands.
Public Submissions
19. A public meeting was held on Monday, June 23, 2014. One person spoke at the public
meeting other than the applicant's agent. The neighbouring resident was concerned
with increased traffic on the street as a result of this proposal, the length of time existing
residents would have to deal with construction vehicles and the impact it would have on
their cul-de-sac where there is only one way in and out. Concern was also expressed
for the safety of children on the street, their property values, especially during
construction, and the fact they were not advised when they purchased that development
could happen to the north of them.
Municipality of Clarington
Report PSD-048-14 Page 6
20. Prior to the public meeting one resident couple sent a letter of objection to the proposal
as it would impact their views, create additional traffic, create safety issues for the
children on the street, eliminate access to green space, and de-value their investment.
Agency Comments
Durham Regional Planning
21. Durham Region advised that the subject lands are designated "Living Area" in the
Regional Official Plan. Living Areas shall be predominantly used for housing purposes,
developed in a compact form through higher densities and by intensifying and
redeveloping existing areas along arterial roads.
22. Through their designated review responsibilities, they noted that the application
generally conforms to the policies of the Growth Plan for the Greater Golden
Horseshoe.
23. The subject properties area within an area of high aquifer vulnerability. High risk land
uses, as defined in the Regional Official Plan, require a contamination management
plan. The proposed residential uses are not a high risk. The Region requires a Site
Screening Questionnaire be completed and signed by a Qualified Person under O. Reg
153/04.
24. Regional Works staff advised that sanitary sewer and water services are available and
the approved 6 lots are pre-stubbed. The applicant will need to make application for the
two additional lots should the rezoning and part lot control applications be approved.
25. Based on the above the application is deemed to conform and the Region has no
objection to its approval.
Central Lake Ontario Conservation Authoritv
26. Central Lake Ontario Conservation staff reviewed the submission and advised that they
have no objections to the approval of the proposed rezoning application to permit 4 lots
to be divided into 8 lots having a reduction on frontage from 18 metres to 17 metres.
They further noted that the lots which back onto the valley of Soper Creek are within an
area subject to Ontario Regulation 42/06 Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses. A permit from the Central Lake Ontario
Conservation Authority would be required prior to any development activity located on
the site. Through the permit process, the conservation authority would require grading
plans and sediment and erosion control plans for these lots.
Kawartha Pine Ridge District School Board
27. The Kawartha Pine Ridge District School Board have no objections to the creation of
eight semi-detached units from four existing lots under the application. It was noted that
any students generated by the proposed eight semi-detached dwellings would attend
John M. James Public School (JK-8) and Bowmanville High School (9-12). Furthermore,
Municipality of Clarington
Report PSD-048-14 Page 7
the existing Cotton Street sidewalk should be extended in front of the lots proposed on
the west side of Cotton Street.
Departmental Comments
Clarington Engineering Services
28. The Engineering Services Department has no objection in principle to the application.
However they will require certain conditions be satisfied through the future applications
to allow the creation of the lots. These conditions include providing a satisfactory
grading and drainage plan; that any additional services required to accommodate the
development be constructed at the developer's cost to the satisfaction of the
Municipality; and that the temporary turning circle cannot be removed until such time as
the extension to Cotton Street has been constructed.
Clarington Emergency & Fire Services
29. Clarington Emergency & Fire Services requires a turnaround bulb be created at the end
of Cotton Street if it is greater than 90 metres in length from Sprucewood Crescent to
the south.
Other Departments
30. Clarington Operations and Clarington Building Division have no concerns or objections
with the proposed applications.
Discussion
31. The existing zoning would allow 6 dwelling units: 2 single-detached dwellings and 4
semi-detached or link dwellings. The proposal is to permit 8 dwelling units all semi-
detached or link dwelling units. This is accomplished by reducing the frontage of the
semi-detached or link lots. After Part Lot Control applications, the lots would have 8.5
metres in frontages. This would be 0.5 metres in smaller that the frontages of the other
link dwelling lots on Cotton Street.
32. Zemer Holdings Ltd. also submitted an application for the proposed Plan of Subdivision
(SC-2013-0003) for adjacent lands to the north between the current terminus of Cotton
Street and the railway. A recommendation report for these lands is on the same
agenda. The application on the adjacent lands to the north proposes the extension of
Cotton Street including a proper cul-de-sac and three residential blocks for 19
townhouses and 2 semi-detached/link lots (see Figure 3 below).
Municipality of Clarington
Report PSD-048-14 Page 8
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Figure 3: Proposed Draft Plan of Subdivision S-C-2013-0003
33. The two applications provide for the completion of Cotton Street at one time which
would minimize the impacts from construction on existing neighbouring landowners. As
a condition of approval of the application for Part Lot Control the municipality can
require that the four lots subject to rezoning be developed in conjunction with the lands
to the north and that all construction access enter the lands from Mearns Avenue.
34. Two objections to development identified issues relate to traffic, safety, and property
values. However, the lands are designated for urban residential development and are
currently approved to be developed with six residential units. Cotton Street has always
been planned to extend northerly. The temporary cul-de-sac was completed with an
asphalt rolled curb as opposed to a concrete curb eliminating throw away costs for the
extension. Allowing the lots to be developed with a total eight units, four per side will be
generally consistent with existing development on Cotton Street and will not result in
impacts to property values, or the safety of residents.
35. It is recommended that the subject lands be rezoned to allow for the construction of
eight link dwelling units. The reduction of the semi-detached/link dwelling unit lot width
is supported for this specific unique circumstance and not as a reduction in the general
standard. The Holding provision will be utilized to ensure adequate access and
services are in place prior to development and will be lifted by Council when the
appropriate conditions are met. The proposed Zoning By-law amendments are included
as Attachment 1.
36. All taxes owing to the Municipality of Clarington have been paid in full.
Municipality of Clarington
Report PSD-048-14 Page 9
Concurrence
37. Not Applicable
Conclusion
38. In consideration of all agency, staff and public comments, it is respectfully
recommended that proposed zoning by-law amendment be approved.
Strategic Plan Application
39. The recommendations contained in this report conform to the Strategic Plan.
Staff Contact: Carlo Pellarin, Manager, Development Review Branch, 905-623-3379 ext. 2408
or cpellarin(a)clarington.net
Attachments:
Attachment 1 —Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
John Passalaqua, Zemer Holdings Ltd.
Michael Smith, Michael Smith Planning Consultants; Development Coordinators Ltd.
Barbara Smith
John Grey
Bob Silver
Joan White
Kathy Godfrey
Attachment 1 to
Municipality of Clarington Report PSD-048-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to amend By-law 84-63, a 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 2014-0014;
NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE ONE
(R1)ZONE" is hereby amended by adding new Special Exception Zone as
follows:
"SECTION 12.4.90 URBAN RESIDENTIAL EXCEPTION (R1-91) ZONE
Notwithstanding Sections 12.1, and 12.2 b., those lands zoned R1-91 on the
Schedules to this By-law shall only be used for semi-detached dwelling, subject
to the following regulations:
a. Lot Frontage (minimum) 17 metres"
2. Schedule `3'to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Urban Residential Type One (R1)" to "(Holding) Urban Residential Exception
((H)R1-91)"
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 of the Planning Act.
BY-LAW passed in open session this day of September, 2014.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2014- 9
passed this day of 2014 A.D.
........................
F/7/7 Zoning Change From"RV to"(H)RI-91"
Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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STE Ells
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STT$OAtECE
CAESM
Bowmanvill ZBA 20140014
SCHEDULE3