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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: September 11, 2017
Report Number: PSD-058-17 Resolution Number:
File Number: ZBA 2016-0023 By-law Number:
Report Subject: An Application by South Bowmanville Limited (Delpark Homes) to
rezone the lands to facilitate the creation of two additional lots for
the construction of single detached dwellings
Recommendations:
1.That Report PSD-058-17 be received;
2.That the proposed application for Rezoning ZBA 2016-0023 continue to be processed
including the preparation of a subsequent report;
3.That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application submitted by South Bowmanville Ltd. to facilitate the
creation of two additional lots for the construction of single detached dwellings; and
4.That all interested parties listed in Report PSD-058-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-058-17 Page 2
Report Overview
This is a public meeting report to provide an overview of the application by South Bowmanville
Limited to amend the Zoning By-law. The rezoning application proposes to zone the rear
portion of the lot known as 46 Mill Lane, Bowmanville, to permit the creation of two residential
building lots that would front onto Terry Crescent, a new street in the registered plan of
subdivision to the west.
1. Application Details
1.1. Owner: Michelle Pigeon and Jimmy Blondin
1.2. Applicant: South Bowmanville Ltd. (Delpark Homes)
1.3. Proposal: To rezone the lands to facilitate the creation of two additional
lots for the construction of single detached dwellings
1.4. Area: 968 square metres
1.5. Location: 46 Mill Lane, Bowmanville (see Figure 2)
1.6. Roll Number: 181702001015600
1.7. Within Built Boundary: Yes
2. Background
2.1. On October 25, 2016, Weston Consulting on behalf of South Bowmanville Limited
submitted an application for a Zoning By-law amendment to facilitate the creation of two
additional lots for the construction of single detached dwellings. The proposed lots would
front onto Terry Crescent, which is a future street in registered plan of subdivision to the
west of the subject site. The application was incomplete as not all the required
supporting documents were received. The application was deemed complete on July 18,
2017.
2.2 Concurrent applications were submitted to the Durham Land Division Committee in 2016.
These applications (See Figure 1) were considered premature and were tabled at the
January 16, 2017 meeting.
Municipality of Clarington
Report PSD-058-17 Page 3
Figure 1: Proposed lots as submitted for consent and rezoning
2.3 A number of studies were submitted and circulated for comments.
Planning Justification Report
Stage 1 Archeological Assessment
Environmental Site Assessment
Functional Servicing Report and Stormwater Management Report
Tree Preservation and Arborist Report
These reports will be reviewed in a future report.
3. Land Characteristics and Surrounding Uses
3.1 The surrounding uses are as follows:
North - Residential lot with registered plan of subdivision 40M-2599
South - Existing residential rear yard
East - Existing single detached dwelling on proposed retained lot
West - Terry Crescent and residential lands under development
Municipality of Clarington
Report PSD-058-17 Page 4
Figure 2: Subject lands and surrounding area
3.2 The subject lands are located towards the north end of Mill Lane in Bowmanville, an older
residential lane located west of West Scugog Lane. Lots on Mill lane tend to be larger
and wider than typical subdivision lots, as these are serviced with private sewage
systems. Frontages on the north-south portion of Mill Lane range from approximately 15
metres to 47 metres and lot areas for the same portion range from approximately 705 m²
to 3,900 m². The proposed retained lot would have an area of approximately 1,035 m²
and frontage of 24.38 metres.
Municipality of Clarington
Report PSD-058-17 Page 5
4. Provincial Policy
4.1 Provincial Policy Statement
Municipalities shall encourage opportunities for intensification and redevelopment in
urban areas where this can be accommodated taking into consideration the existing
character of the neighbourhood and existing infrastructure and public service facilities.
This application conforms with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The subject lands are located within the built-up area of Bowmanville. A significant
portion of new growth is to be directed to the built-up areas through intensification where
existing municipal water and wastewater services are or will be available. This
application conforms with Growth Plan policies.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the lands Living Areas. These lands shall
be used predominantly for housing purposes and shall be developed in a compact form
through higher densities and by intensifying and redeveloping existing areas. This
application conforms to the policies of the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands Urban Residential. The predominant
use of lands designated Urban Residential shall be for housing purposes. This
application proposing to allow two additional single detached dwellings within the built up
area conforms to the policies of the Clarington Official Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Urban Residential Type One (R1). The R1
zone allows single detached dwelling based on 15 metres of frontage and 460 m² lot area
as well as semi-detached dwellings with 18 metres of frontage and 560 m² of lot area.
The retained parcel with the existing dwelling complies with the R1 zone provisions,
however the proposed severed lots do not.
7. Public Notice and Submissions
7.1 Notice of the Public Meeting was mailed on August 14, 2017 to landowners within 120
metres of the subject site and details of the application were also included on the
Municipality’s website and social media. A Public Notice sign was also installed on the
property.
Municipality of Clarington
Report PSD-058-17 Page 6
One neighbouring resident has expressed concerns about impacts to his property from
grading required for the proposed lots. His main concern is that additional water may
come from the new lots into his rear yard and cause flooding in the area of his septic
system. He also commented that he did not think it was right that the developer was pre-
servicing for lots that are not yet approved. This includes the extension of the sanitary
sewer to 46 Mill Lane.
8. Agency Comments
8.1 Regional Municipality of Durham
The Region notes that the concurrent land division applications are premature until this
rezoning has been approved. The Phase One and Two Environmental Site Assessment
(ESA) report submitted in support of the rezoning is generally acceptable though the final
review will be conducted by the Region through the Land Division process when it
resumes. The Region requires that a Regional Reliance Letter and Certificate of
Insurance be submitted to accompany the ESA report. The Region has reviewed the
Archaeological Assessment submitted and requires that a copy be provided to the
Ministry of Tourism, Culture and Sport for their review and clearance letter. If the
clearance letter is not received prior to approval of the rezoning, the Region recommends
that a Holding (H) provision be placed on the zoning until the letter is received. The
Durham Works Department note that all servicing related matters will be addressed
through the Land Division applications.
8.2 Central Lake Ontario Conservation Authority
CLOCA does not have any objection to the rezoning application to facilitate the creation
of two additional lots. CLOCA recommends that the lots be included in the engineering
plans for the adjacent subdivision and that detailed grading should be submitted to
ensure that the grading is coordinated with the subdivision.
9. Departmental Comments
9.1 Engineering Services
The Engineering Services Department has some concerns with the proposed grading
along the southern property line of lands to be severed. Minor revisions are required to be
submitted. Engineering requirements will be captured and secured for through the
development agreement that would follow near the conclusion of the Land Division
process, if successful.
9.2 Emergency and Fire Services
No objection to the proposed rezoning.
9.3 Building Division
No objection to the proposed rezoning.
Municipality of Clarington
Report PSD-058-17 Page 7
10. Discussion
10.1 Grading of the proposed lots to match the existing grade along the southern property line
is a challenge. In order to appropriately grade the lots, it is now proposed that the
southerly lot will be wider than originally submitted to provide a wider side yard on the
south side of the southern dwelling (Lot 62). This wider side yard is proposed to
accommodate an acceptable slope from the dwelling down to the existing grade along the
property line (see Figure 3).
Figure 3: Revised lot and grading plan
10.2 An addendum to the Functional Servicing and Stormwater Management Report (FSR) to
capture changes to the proposed lots should be submitted. A detailed grading and
servicing plan, stamped by a professional Engineer is required and should be submitted
with the addendum to the FSR. The tree preservation plan must show the hedge along
southerly property line. A rationale is required if the proposal is to remove the hedge. A
statement regarding the impact of the proposed grading around the tree in the southwest
corner of the proposed severed lot identified by number 53 (Figure 3) on the plan should
be submitted, though this tree was shown for removal. Every effort should be made to
retain this tree if the grading will allow it.
Tree 53 Regraded with 3:1
slope to match
existing grade
Municipality of Clarington
Report PSD-058-17 Page 8
10.3 Staff have spoken by telephone with the neighbouring resident who has expressed
concerns with the proposal. Staff offered to visit the neighbour’s property to obtain a
better understanding of the grading concern as it relates to his septic system however the
resident has been unavailable to meet with staff on site to date. The resident was also
offered the opportunity to provide a written submission, which could include photographs,
to detail his specific concerns. The issue of the regrading of the lot and any impacts to the
neighbour to the south is continuing to be reviewed and will be finalized through the
consent process. The lot will be regraded and roof leaders oriented in such a manner that
would reduce the amount of drainage onto the neighbour’s lot from what occurs today.
10.4 Sanitary sewers need to be extended to the retained lot at 46 Mill Lane as a result of the
severed lots impacting the existing septic system. Regarding the neighbour’s comment
about pre-servicing the proposed lots and extending the sanitary sewer to 46 Mill Lane
prior to approval of a Zoning By-law amendment, the developer is taking a chance by
spending money up-front on this servicing. However, in anticipation of approval of the
severances, this is a more cost effective solution than having to come back in to service
these lots at a later date, which could include having to cut open the road a second time.
The approach being taken for servicing is not uncommon.
11. Conclusion
The purpose of this report is to provide background information on the rezoning
application to facilitate the creation of two residential building lots submitted by South
Bowmanville Limited for the Public Meeting under the Planning Act. Staff will continue
processing the application including the preparation of a subsequent report upon
resolution of the identified issues.
12. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz@clarington.net
The following is a list of the interested parties to be notified of Council’s decision:
Robert Tompkins
MM/CP/tg
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