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Planning Services
Report
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Report To: Planning and Development Committee
Date of Meeting: April 1, 2019
Report Number: PSD -023-19 Resolution: PD -055-19
File Number: PLN 8.6.7 By-law Number:
Report Subject: Request to amend Interim Control By-law 2018-083 for 10 Victoria
Street Bowmanville
Recommendations:
1. That Report PSD -023-19 be received;
2. That the By-law contained in Attachment 1 to Report PSD -023-19 be approved; and
3. That all interested parties listed in Report PSD -023-19 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD -023-19
Report Overview
Page 2
Barry Bolahood submitted a request for an exemption to Interim Control By-law 2018-083.
He proposes a semi-detached dwelling with an apartment -in-house within each of the two
units, providing a total of 4 units. The proposal will meet the strict regulations contained in
Interim Control By-law 2018-083. The property is also within the Liberty Street Local
Corridor identified in the Official Plan as a priority intensification area requiring a minimum
height of 2 stories and a minimum density of 30 units per gross hectare.
1. Background
1.1 On March 1, 2019 Barry Bolahood submitted a request for an exemption to Interim
Control By-law 2018-083 for a property at 10 Victoria Street. He has an offer to
purchase the property and originally planned for a closing date of August 5, 2018. The
closing date was extended at the request of the current property owner who had
purchased a condominium unit which was not ready to meet the original closing date.
The result of the extension is that Mr. Bolahood's application was delayed and is now
subject to the Interim Control By-law.
Figure 1: Immediate area of the Interim Control By-law surrounding 10 Victoria
Municipality of Clarington
Reoort PSD -023-19
Page 3
1.2 The March 11, 2019 Planning and Development Committee agenda contained
correspondence from Mr. Bolahood requesting exemption from the Interim Control By-
law to allow 10 Victoria Street to be developed with a semi-detached building, with each
of the two units having an apartment -in-house. A memo providing a resolution to
approve the request and the Interim Control By-law was provided by Planning Services
staff. After considering the request and the staff memo, the matter was deferred to the
Council meeting of March 18, 2019. At the Council meeting, Council referred the
request back to staff for a report.
2 Discussion
2.1 Mr. Bolahood purchased the property with the intension of constructing a semi-detached
dwelling (2 units). Each unit is proposed to have an apartment -in-house (additional 2
units). Prior to the adoption of the Interim Control By-law, the property was zoned
"Urban Residential Type One (R1)". The R1 zone would have permitted the proposed
use on the lot.
2.2 Figure 3 depicts the proposed semi-detached dwelling. This design will be modified to
replace the two car garage for each unit with a one and a half car garage (or a single
garage door). The modification will result in a narrower building footprint to accomplish
compliance with the regulations contained in Interim Control By-law 2018-083. Aside
from complying with the regulations, the proposal will provide for a more generous side
yard and rear yard setbacks of 2.4 metres (7.87 feet) and 16.89 metres (55.41feet)
respectively as depicted in Figure 4.
Figure 2: Proposed elevation for 10 Victoria Street
Municipality of Clarington
Resort PSD -023-19
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Figure 3 Proposed Site Plan for 10 Victoria Street
Page 4
2.3 The property is designated Urban Residential within the Official Plan. It is located within
the Liberty Street Local Corridor which is a Priority Intensification Area. The Local
Corridor supports a long term density target 30 units per gross hectare with heights of 2
to 6 storeys. Mr. Bolahood's proposal will help to achieve the targets set out in the
Official Plan by increasing the density on the property to 39.6 units per gross hectare
and meeting the minimum height requirement of 2 stories.
2.4 The Clarington Official Plan envisions Clarington as "a place where each community
can build on its individual character, share a common economic base and a distinct
collective image". The physical character of established residential neighbourhoods are
to be enhanced while accommodating increasing intensification that celebrates the
history and character of its communities.
2.5 While the Neighbourhood Character Study is underway the Interim Control By-law
2018-083 permits development that is not likely to contribute to issues affecting
neighborhood character. Permissions were applied to properties with known plans for
development subject to the restrictions contained within the Interim Control By-law.
Municipality of Clarington Page 5
Report PSD -023-19
2.6 The regulations in Interim Control By-law 2018-083 were crafted to be more restrictive
than what is permitted by the "Urban Residential Type One (R1)" zone of Zoning By-law
84-63. The maximum lot coverage applied to a semi-detached dwelling is 35% as
opposed to 45% and the maximum height is 8 metres as opposed to 10.5. A restriction
on roof pitch has also been included to help combat the issues of massing that have
been occurring in the neighbourhood. These regulations prevent construction of a
dwelling that will tower over the existing smaller dwellings and require a footprint that is
set back from existing properties.
2.7 Staff included exemptions for properties they were aware of that were being
redeveloped and would meet the regulations outlined in Section 2.6. Staff were unaware
of Mr. Bolahoods plans at the time that the Interim Control By-law was proposed.
2.8 The purpose of the Neighbourhood Character Study will be to recommend appropriate
policy, regulation and tools to ensure that new development and redevelopment in
established neighbourhoods respects and compliments neighbourhood character into
the future and is compatible with the vision of the Clarington Official Plan.
2.9 Staff support the request to amend the Interim Control By-law 2018-083 by adding 10
Victoria Street as an exempted property because it proposes to meet the strict
regulations contained within the Interim Control By-law and has the ability to meet the
priority intensification targets of the Liberty Street Corridor as set out in the Official Plan.
3 Concurrence
Not Applicable.
4 Conclusion
In consideration of the comments contained within the report, it is recommended that
Council pass the by-law to amend Interim Control By-law 2018-083 as contained in
Attachment 1.
qe�.
Submitted by: Reviewed by:
Michael Seaman, MCIP, RPP, for Andrew C. Allison, B. Comm, LL.B
Director of Planning Services CAO
Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 x or twebster@clarington.net
Municipality of Clarington
Resort PSD -023-19
Attachments:
Attachment 1 - By-law to amend Interim Control By-law 2018-083
The following is a list of the interested parties to be notified of Council's decision:
Barry Bolahood
Bradly Philips, Strike & Philips LLP
Page 6
Attachment 1 to
Municipality of Clarington Report PSD -023-19
Corporation of the Municipality of Clarington
By-law Number 20 -
Being a By-law to amend Interim Control By-law 2018-083
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 2018-083;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 2. e. is revised by adding the following:
iv) 10 Victoria Street
3. This By-law shall come into effect on the date of its passage.
By -Law passed in open session this day of
.20
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk