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HomeMy WebLinkAboutPSD-057-17Planning Services Public Meeting 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: September 11, 2017 Report Number: PSD-057-17 Resolution: File Number: ZBA2017-0022 By-law Number: Report Subject: An Application by MGM Dream Homes Ltd. to amend the Zoning By- law to facilitate the creation of one additional single detached dwelling lot at 505 and 521 King Avenue East, Newcastle Recommendations: Provided there are no significant concerns raised during the Public Meeting: 1.That Report PSD-057-17 be received; 2.That the application to amend Zoning By-law 84-63 submitted by MGM Dream Homes Ltd. be approved and that the draft Zoning By-law Amendment contained in Attachment 2 of Report PSD-057-17 be passed; 3.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-057- 17 and Council’s decision; and 4.That all interested parties listed in Report PSD-057-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-057-17 Page 2 Report Overview MGM Dream Homes Ltd. has submitted an application to amend the Zoning By-law. The amendment is required to facilitate the creation of one additional single detached dwelling from the properties at 505 and 521 King Avenue East in Newcastle. This report recommends that Council rezone the subject lands from “Urban Residential Exception (R1- 43)” and “Holding – Urban Residential Type One ((H)R1)” to “Urban Residential Type One (R1)”. 1. Application Details 1.1. Owner/Applicant: Mina Mikhaiel and MGM Dream Homes Ltd. 1.2. Agent: Paul Demczak, Batory Management 1.3. Proposal: Amend Zoning By-law 84-63 to rezone the subject lands from “Urban Residential Exception (R1-43)” and “Holding Urban Residential Type One ((H)R1)” to an appropriate zone to allow the division on the two existing lots into three single detached lots. 1.4. Area: 0.188 hectares (0.46 acres) 1.5. Location: 505 and 521 King Avenue East, on the south side of King Avenue East, east of Brookhouse Blvd., Newcastle. 1.6. Roll Numbers: 505 King Avenue East 181703011002128 and 521 King Avenue East 181703011002300 1.7. Within Built Boundary: Yes 2. Background 2.1 On June 21, 2017, MGM Dream Homes Ltd. submitted a rezoning application for 505 and 521 King Avenue East in Newcastle (see Figure 1) to facilitate the creation of one additional single detached dwelling lot. The existing single detached dwelling and accessory building at 521 King Avenue East would be demolished. 521 King Avenue East is recognized as a merit heritage resource on the municipal inventory. The applicant has submitted a Heritage Impact Assessment with the application. The applicant submitted applications for consent to Durham Region Land Division Committee in May 2017. At the July 17, 2017 meeting the applications were conditionally approved. One of the conditions of approval was the successful rezoning of the properties and the removal of the holding symbol. Municipality of Clarington Report PSD-057-17 Page 3 Figure 1 – Site Location Map 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are relatively flat, sloping slight to the south at the rear of the lot. 521 King Avenue East has an existing one and a half storey dwelling and an accessory building. 505 King Avenue East is currently vacant. 3.2 The surrounding uses are as follows: North - Single Detached Dwellings South - Single Detached Dwellings East - Single Detached Dwellings West - Single Detached Dwellings Municipality of Clarington Report PSD-057-17 Page 4 3.3 521 King Avenue East is identified on the Municipal Inventory as a Merit Heritage Resource. 505 King Avenue East is also adjacent to 483 King Avenue East (the Walbridge house) which is designated under Part IV of the Ontario Heritage Act. Figure 2 – Existing dwelling and public notice sign on 521 King Avenue East 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages the efficient use of service with cost- effective development patterns, a mix of residential dwellings and opportunities for intensification and redevelopment in accordance with provincial targets. The policy also requires the conservation of “significant” built heritage resources and cultural heritage landscapes. 4.2 Provincial Growth Plan The Growth Plan directs growth to urban areas. The proposed division of two existing properties to allow an additional single detached dwelling lot fronting onto King Avenue East is intensification within a settlement area. The proposal will make use of existing services and infrastructure. The proposal conforms to the Growth Plan. Municipality of Clarington Report PSD-057-17 Page 5 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands Living Area. The policies of the Plan generally promote infill and intensification. The proposal conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands Urban Residential. The proposal will result in intensification in an existing neighbourhood which is consistent with the surrounding dwellings. The Official Plan encourages the conservation, protection, enhancement and adaptive reuse of cultural heritage resources. Where the Municipality has identified a property on the Municipal Inventory has having potential heritage value or interest development on those lands may occur subject to a Heritage Impact Assessment. Redevelopment of lands adjacent to a property designated under the Ontario Act may require a heritage impact assessment to ensure the proposed development will not have a negative impact on the heritage value of the designated property. 6. Zoning By-law Zoning By-law 84-63 zones 505 King Avenue East “Urban Residential Exception (R1-43)” and 521 King Avenue East “Holding – Urban Residential Type One ((H)R1)”. The proposed severed lot would be zoned half (H)R1 and half R1-43 if the lands were not rezoned. The holding provision needs to be removed before any portion of those lands could be constructed. Also, Zoning By-law 84-63 treats zone boundary lines as lot lines and would making constructing a house on the proposed lot difficult. The rezoning is required to zone both existing parcels the same and ensure the new proposed lot would have a single zone on the property. 7. Summary of Background Studies 7.1 Heritage Impact Assessment Joan Burt Architects prepared the Heritage Impact Assessment. The report details the history and architectural style of 521 King Avenue East. The house has been identified as the “Toll House”, the home provided to the toll gate keeper by Clarke Township. The exact date of construction of the Toll House is unknown but construction was complete prior to 1857 as records show tolls were being collected during 1857. Toll collection was abolished in January of 1883. The report raises concerns about the existing structure being the structure that was used as the Toll House during the mid-1800’s. The building was described in 1861 as a one storey frame building and the current structure is a one and a half storey structure that appears to be of brick construction. The interior has also Municipality of Clarington Report PSD-057-17 Page 6 been modified and it is difficult to determine how the building may have functioned as a Toll House. The report indicates that due to the modifications it is difficult to determine if the existing structure was the one used as the Toll House and how it may have appeared at that time. If the existing structure is the original structure used for the Toll House historical descriptions of the building suggest the structure has been significantly modified over the years. The existing structure displays basic symmetrical Georgian form with a three bay design with a central door and windows on both sides and a gable roof. This was a common vernacular building form found throughout Ontario during this time period. The report indicates that the materials and construction techniques appear to be average, with some of the more recent additions being poor. The existing structure is within the existing King Avenue East road allowance. The structure would need to be relocated if it were to remain which also affects the contextual heritage value of a Toll House. The report concludes that the building does not meet the requirements of designation under the Ontario Heritage Act. The report also examines the potential impact the new proposed single detached dwellings would have on 483 King Avenue East, The Walbridge House. The Walbridge House is designated under Part IV of the Ontario Heritage Act. Development applications adjacent to designated buildings must not have a negative impact on the heritage value and significance of those properties. The report identifies that the Walbridge House has had a prominent visual presence on King Avenue East for a significant amount of time. The applicants are proposing to set the new dwelling back significantly from the road which will allow the prominent visual presence of the Walbridge House to remain. The report concludes that there will be no negative impacts on The Walbridge House. 8. Public Notice and Submissions Public notice was mailed to each landowner within 120 metres of the subject lands on August 10, 2017 and a public meeting sign was installed fronting onto King Avenue East August 13, 2017. One area resident contacted staff seeking further information and expressing concerns with the potential side yard setbacks, general location of the proposed dwellings and potential impacts on their privacy. 9. Age ncy Comments 9.1 The Region of Durham Planning and Economic Development Department that the Region of Durham Official Plan designates that subject lands as Living Areas and promotes intensification of existing areas. The Regions Official Plan encourages municipalities to conserve and protect cultural heritage resources. Provided the applicants can demonstrate that the property at 521 King Avenue East is not a significant heritage resource they have no concerns. Municipality of Clarington Report PSD-057-17 Page 7 9.2 The Region of Durham Works Department have indicated that services are available for the properties and that a road widening was required as part of the conditional approval of the severance applications. They have no concerns. 9.3 Veridian Connections and Enbridge Gas have no objections or concerns. 9.4 The Public School Board and Separate School Boards have not provided any comments at the time of writing this report. The application was circulated July 10, 2017. 10. Departmental Comments Clarington Engineering Department, Building Division and Emergency and Fire Services have no objections or concerns. 11. Discussion 11.1 The subject lands are two existing lots that both currently permit single detached dwellings but are zoned differently. The proposed new lot in the middle would be zoned approximately half R1-43 and half (H)R1. The holding provision would need to be lifted prior to any building on that portion of the subject lands. Zoning By-law 84-63 treats zone boundary lines like property lines which would make building a dwelling on the proposed lot difficult. The rezoning is required to avoid the proposed new lot from having multiple zones and to remove the holding provision. 11.2 505 King Avenue East is currently zoned R1-43. 505 King Avenue East was previously owned by the applicants who developed the subdivision south of the subject lands on William Jose Court. The property was included in the approved subdivision and zoned the same as the lots on William Jose Court despite not being developed with the subdivision. 521 King Avenue East is zoned (H)R1. 11.3 The rezoning application will not reduce the development provisions that are in place for the current lots with regards to side yard and rear yard setbacks from the Walbridge House or any other adjacent property. The new dwellings will maintain a minimum of 15 metre frontage and be required to maintain a minimum of 1.2 metre side yard setback and 7.5 metre rear yard setback. Those are the same provisions in place today for the existing zones on the properties. The applicant has proposed the new dwellings to be setback from King Avenue East to maintain the front yard setbacks of the existing streetscape. Setting the new dwellings back will also ensure that the Walbridge House’s visibility along King Avenue East is maintained. The by-law has been drafted to reinforce the existing streetscape front yard setbacks. The existing dwellings maintain an average front yard setback of approximately 11.5 metres from the existing road allowance. Due to 2 metre road widening that was taken from the subject lands as a requirement of the condition severance approval, the minimum front yard setback will be 9.5 metres, giving the same appearance regarding setbacks. Municipality of Clarington Report PSD-057-17 Page 8 11.4 The Clarington Heritage Committee has been aware that Toll House property has been for sale over the last number of years. A previous owner of the property tried to have the building relocated if someone wanted the building but that effort was unsuccessful. The committee has been made aware of the application and was circulated the Heritage Impact Assessment. The committee does not meet during July and August and has not met to discuss this proposal specifically; however, staff have not been made aware of any objections at this time. 11.5 The proposed infill development will utilize existing municipal services and is generally consistent with Provincial, Durham Regional and Clarington land use policies. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency and staff comments, it is respectfully recommended that the application to amend the Zoning By-law (see Attachment 1) be approved provided there are no significant concerns raised be the public. 14. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext.2424 or bweiler@clarington.net Attachments Attachment 1: Zoning By-law Amendment List of interested parties to be notified of Council's decision is listed below: MGM Dream Homes Ltd. Batory Management BW/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0022 505 and 521 King Ave E\Application\Staff Report\PSD-057-17 Staff Report.docx Municipality of Clarington Attachment 1 to Report PSD-057-17 Corporation of the Municipality of Clarington By-law Number 2017-______ 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 ZBA2017-0022; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 2. Section 12.4 “Special Exceptions – Urban Residential Type One (R1) ZONE” is hereby amended by adding thereto, the following new Special Exception zone 12.4.96 as follows: “12.4.96 Urban Residential Exception (R1-96) Zone Notwithstanding the provisions of 12.2 d. i) those lands zoned “R1-96” on the Schedules to this By-law shall be subject to the following regulations: a. Yard Requirements i) Front Yard (Minimum) 9.5 metres (Maximum) 11 metres 2. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R1-43) Zone" and (Holding – Urban Residential Type One (R1) Zone” to "Urban Residential Exception (R1-96) 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 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2017 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk