Loading...
HomeMy WebLinkAboutPSD-048-14 If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 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) Ifti ;;l,ill i�S`" I ®Registered Plan 40M-2048 Lots 69,70,71 and 72 Proposed Lot Severances f=s. I14 I1 Diu L ', subject j Site r o =t,1il IF \1d) ZBA 2014-0014 — _ i Zoning By-Law Amendment 20 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 Al 8 t 1 • 1 .raw► Tar .s t! _s` w *.: �, SD•.2+n OD!'7H1 ' 1. 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 .. P I LWAY__: I N \ :3 BLOCK 8 0 PEN-3RACE DEDICATER.TO WkUNICIPALITY STREET'A� ,a ! BLOCK 3 BLOCK 4 BLOCK 5 ; � 7UNIT5 0TITS 6UNRS >v \ 1`, •I�I t_,. .., li) �xl ..,- 41 Vim.`. \'y „TO I „. - ,..r.-. ,_ __ALE: EYSIfIsY; P1 ibb^rrni -——— .o 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 fAFT LQiO C.- STE Ells WM S­TT$OAtEC­E CAESM Bowmanvill ZBA 20140014 SCHEDULE3