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Report
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Report To: Planning and Development Committee
Date of Meeting: May 16, 2016
Report Number: PSD-037-16 Resolution Number:
File Number: ZBA2016-0007 By-law Number:
Report Subject: An application by Veltri and Son Limited to permit the creation of one
single detached dwelling lot on Borland Court, Bowmanville
Recommendations:
1.That Report PSD-037-16 be received;
2.That the Zoning By-law amendment application submitted by Veltri and Son Limited be
approved as contained in Attachment 1 to Report PSD-037-16;
3.That a by-law to remove the (H) Holding Symbol be forwarded to Council once all the
requirements of the Clarington Official Plan are satisfied including a clearance letter from
the Region of Durham regarding site contamination;
4.That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-037-16
and Council’s decision; and
5.That all interested parties listed in Report PSD-037-16 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-037-16 Page 2
Report Overview
This report recommends that Council rezone the lands from “Urban Residential Type One
(R1)” Zone to “Urban Residential Exception (R2-76)” Zone to permit the creation of one single
detached dwelling lot with a frontage of 9.36 metres and an area of 333 square metres.
1. Application Details
1.1. Owner: Veltri and Son Limited
1.2. Agent: Fay Veltri
1.3. Proposal: To change the zoning from “Urban Residential Type One (R1)”
Zone to permit one single detached dwelling lot with a lot
frontage of 9.36 metres and a lot area of 333 square metres.
1.4. Area: 333.1 square metres (3,585 square feet)
1.5. Location:
1.6. Related Files:
South side of Borland Court, (Rear of 18 Concession Street
West), Bowmanville
LD 116/2015 to LD 120/201 inclusive
1.7. Within Built Boundary: Yes
1.8. Roll Numbers: 18 17 020 050 00402 and 18 17 020 050 07800
2. Background
2.1. A plan of subdivision comprised of Borland Court and 20 link dwellings, primarily on the
north side of Borland Court was registered in December 1991. Municipal services were
constructed anticipating link lots on both sides of Borland Court including the south side
and including the location of the proposed 9.36 metre wide lot.
2.2. The developer of the subdivision maintained a block approximately 5 metres deep on the
south side of Borland Court, backing onto the properties fronting on Concession Street
West. More recently, Veltri and Son were able to buy the rear portion of 18 Concession
Street West. This enables the creation of a lot for a single detached dwelling as well as a
lot for two linked dwellings.
2.3. In September 2015, the applicant submitted five Land Division applications to create the
lots for the three dwellings as shown on Figure 1 below. Future severance of the link
dwellings from each other, will be after the construction of the link dwelling has
commenced and the foundations have been surveyed. The lot for the single detached
dwelling does not meet the R1 zone minimums for lot frontage and lot area and therefore,
this application for rezoning has been submitted.
Municipality of Clarington
Report PSD-037-16 Page 3
Figure 1: Location of the Property
3. Land Characteristics and Surrounding Uses
The subject property and the surrounding properties are in older residential Bowmanville
along Concession Street West and there is a pocket of relatively new residential
development in Bowmanville along the north and west sides of Borland Court.
4. Provincial Policy
Provincial Policy Statement and Provincial Growth Plan
The proposed creation of one additional but smaller single detached building lot within a
context of link lots represents intensification within a settlement area and utilizing existing
services while maintaining neighbourhood character. The proposal conforms to the
Provincial Policy Statement and Provincial Growth Plan
Municipality of Clarington
Report PSD-037-16 Page 4
5. Official Plans
5.1. Durham Region Official Plan
The Durham Region Official Plan designates the subject properties, Living Areas. The
policies of the Plan generally promote infill and intensification. The proposed reduction of
the required lot frontage and area for the subsequent creation of one additional smaller
single detached building lot within a context of link lots conforms to the Durham Regional
Official Plan.
5.2. Clarington Official Plan
The Clarington Official Plan designates the subject properties Urban Residential – Low
Density. The proposed reduction of the required lot frontage and area for the subsequent
creation of one additional smaller single detached building lot within a context of link lots
conforms to the Clarington Official Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject property “Urban Residential Type One (R1)”. The
zone’s single detached lot minimum standards are 15 metres lot frontage and 460 square
metres lot area, whereas link lots, as proposed for the other land division applications,
require minimums of 18 metres lot frontage and 550 square metres lot area. The
proposed single detached lot standards of 9.36 metres frontage and 333.1 square metres
area, create the need for rezoning.
7. Public Submissions
7.1. The neighbour to the southwest contacted staff advising they have no objection to the
rezoning, but requested that a privacy fence be constructed along the common property
line as a requirement of this rezoning and related land divisions.
7.2. Other than Frank Veltri, the applicant, no one appeared at the public meeting on April 4,
2016.
8. Agency Comments
8.1. Emergency & Fire Services had no fire safety concerns, and Operations had no
comments. Enbridge had no concerns.
8.2. Canada Post had no objections and stated since Borland Court receives door to door
delivery, the subject property will too.
8.3. Veridian Connections provided 10 comments of a standard nature, appropriate for a
single detached dwelling, including the requirement for an outdoor transformer padmount.
Municipality of Clarington
Report PSD-037-16 Page 5
8.4. Durham Region noted the subject lands are designated Living Areas which permits
intensification considered compatible with the surrounding neighbourhood and the
policies of the Regional Official Plan.
According to the Growth Plan, the subject lands are within the Built-up Area and
therefore, intensification is desirable. The Region stated the subject lands are in an area
of archaeological potential and required that the appropriate report be submitted to the
Ministry of Tourism, Culture & Sport for a Ministry clearance letter; A Site Screening
Questionnaire has yet to be completed and stamped by a Qualified Person; The
rezoning application was determined to have no significant transportation planning
impacts or Durham Regional Transit impacts; and Regional Services are available to the
subject lands, including pre-stubbing, all installed by the applicant. Borland Court is a
local road.
9. Departmental Comments
Engineering Services has received a satisfactory preliminary grading and servicing plan,
and has no objection to the rezoning. The Department has comments on road damage
and lot grading deposits, and road restoration in the related Land Division Applications.
10. Discussion
10.1. Municipal servicing stubs already exist in the street for 12 dwellings on lots of
approximately 9 metres, six semi-detached link lots, on the south side of Borland Court.
The proposal is consistent with this layout. The future lot layout, and servicing for the
south side of Borland Court was based on a portion of three, larger, existing properties
fronting on Concession Street West severing their rear yards to create future lots, with
minimum 18 m frontage link lots. The applicant has successfully purchased one of the
rear yards and is complying with the servicing and lot scheming. The rezoning is required
because the applicant has not been able to acquire the lands to the west to create the
balance of what was to be a link lot. Therefore they are creating a small single detached
dwelling lot, in essence half of the originally proposed link lot, with a 9.36 m frontage.
10.2. To the southwest of the acquired property the owners of the Primary List Heritage
residence at 26 Concession Street West have requested wood privacy fencing to preserve
the heritage quality of their property. The vendors of the acquired property required through
their purchase and sale agreement, wood privacy fencing on the south side at the north
limit of their remaining property. The properties on Concession Street to the east and west
of 18 Concession Street W est are a Designated Heritage Property and a Primary Heritage
Property respectfully. It is recommended wood privacy fencing be required through the
land division development agreement, on the west, south and east sides of the acquired
property.
10.3. All archaeological requirements have been satisfied according to staff at Durham Region.
The Holding (H) Symbol will be removed once the requirements of the Clarington Official
Plan have been satisfied and after all site contamination clearances have been given by
the Region.
10.4. All municipal taxes have been paid at the time of writing Report PSD-037-16.
Corporation of the Municipality of Clarington
By-law Number 2016-______
being a By-law to amend By-law 84-63, the Comprehensive 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 2016-0007;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from “Urban Residential Type One (R1)” Zone to “(Holding)
Urban Residential Exception ((H)R2-76)” Zone as illustrated on the attached
Schedule ‘A’ hereto.
2. Schedule ‘A’ attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2016
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk